Domestic violence is a serious issue that affects millions of people worldwide. In addition to the physical and emotional trauma, it can also have significant financial consequences, including spousal support. If you or someone you know is a victim of domestic violence, it's essential to understand how this can impact spousal support.
1. Impact on Spousal Support Payments
In many cases, victims of domestic violence may be entitled to receive spousal support payments from their abuser. However, if the abuse occurred during the marriage or after separation but before divorce proceedings began, then the court may take this into account when determining spousal support payments. In some states, courts may reduce or eliminate spousal support payments if they decide the abuse was severe enough to warrant such action.
2. Effect on Property Division
Another way that domestic violence can impact spousal support is through property division. Suppose a victim of domestic violence has contributed significantly to acquiring marital property but is not awarded an equitable share due to the abuse suffered during marriage. In that case, they may be entitled to additional compensation through spousal support.
3. Influence on Child Custody
Domestic violence can also influence child custody arrangements and subsequently affect spousal support payments. If one parent has a history of abusing their partner or children, they are less likely to receive custody and could be required to pay more in child support as a result.
4. Exceptions for Abusers
In some cases, courts may make exceptions for abusers ordered to pay spousal support. For example, suppose an abuser has been diagnosed with a mental health condition or substance abuse disorder. In that case, the court may order them to seek treatment as a condition of receiving spousal support payments. They may lose their right to spousal support if they fail to complete this treatment or refuse to comply with the court's orders.
5. Protecting Yourself
If you are a victim of domestic violence and are concerned about how it may impact your spousal support payments, there are steps you can take to protect yourself. First and foremost, seek help from a qualified domestic violence attorney who can advise you on your legal rights and options. You may also want to consider obtaining a restraining order against your abuser, which can provide additional legal protections.
San Bernardino Domestic Violence Lawyer
If you or someone you know is navigating the complexities of spousal support in the wake of domestic violence, The Law Office of Michael R. Young, is here to help. Our experienced family law attorneys understand the delicate nature of these cases and are committed to providing compassionate and effective legal representation. We strive to ensure that your voice is heard and that your financial rights are protected. Contact us today at (909) 315-4588 to learn more about how we can assist you in securing the spousal support you deserve.