When a husband or wife leaves the family home in California, the spouse left behind often wonders whether they have a case for spousal abandonment, sometimes called marital abandonment. Are they entitled to money from the spouse who walked out on obligations? How does this affect divorce?
The answers are not straightforward. One factor that is clear, however, is that it is if you are divorcing a spouse who has abandoned you, it is important to make your divorce attorney aware of all the facts. An experienced and dedicated divorce lawyer will know how to use facts to your advantage when settling questions regarding the division of property, allocation of debts, child custody, and other issues.
How Does California Law Define Spousal Abandonment?
For purposes of divorce, the California Family Code does not include a definition of spousal abandonment. The term is defined in the Family Code as it applies to a parent abandoning a child, but not a spouse. The generally accepted definition of spousal abandonment is the act of intentionally leaving the family home without the consent of the other spouse and with the intent to end the marriage.
California criminal law refers to spousal abandonment, because this act can be penalized as a misdemeanor. Section 270a of the California Penal Code specifies that every married individual who has the ability to provide for support of a spouse or who is capable of earning money to provide for a spouse who “willfully abandons” a spouse leaving them in a destitute condition is guilty of this offense. Refusing to provide a destitute spouse with food, clothing, shelter, or medical attention also constitutes a violation unless the spouse was “justified in abandoning” their marriage partner.
Although getting a spouse arrested and fined for a crime may not provide much help for the partner who has been abandoned, this law does indicate that state law expects married spouses to support each other financially and there are consequences for failing to live up to the obligations.
Spousal Abandonment Cannot Be Used as Grounds for Divorce in California
Even though spousal abandonment is a crime in California, abandonment cannot serve as the grounds for divorce. This is simply because the state now recognizes only two grounds for divorce in the effort to establish a “no-fault” divorce system. Almost all divorcing couples list “irreconcilable differences” as the grounds for their divorce. This reasoning does not require either spouse to prove or admit that anyone did anything wrong. It simplifies the divorce process. (The only other recognized ground for divorce in California is incurable insanity.)
However, even though spousal abandonment does not provide grounds for divorce, it can still impact the terms of a divorce settlement.
An Abandoned Spouse May Be Awarded Alimony
If the abandonment of a spouse has caused that spouse financial hardship, this could make it more likely that the court would award alimony to the abandoned spouse. The purpose of alimony is to provide financial support to a spouse in need, rather than to punish a spouse for behaving badly, but when the bad behavior contributes to the need, that certainly should play a role in the court’s decision about whether to award alimony.
Abandonment Could Affect Property Division
As a general rule, property acquired during the course of a marriage is owned equally by both spouses and it is therefore divided equally in divorce. Debts are also allocated equally. However, when a spouse has abandoned the marriage, an argument can be made that they abandoned their share of marital property as well. A court could reduce the amount of property awarded to the abandoning spouse or allocate more debt to that spouse, depending on the circumstances.
Effect on Child Custody and Support
Abandonment can have a tremendous impact on custody decisions. A parent who abandons the family home without providing means of support will not be seen as a responsible parent, and it is much more likely the court will award sole legal and physical custody to the other parent.
The abandoning parent cannot run away from the obligation to provide for support of a child, however. Both parents have a legal duty to support the child, and if a parent neglects that duty, they can be subject to numerous consequences, from wage garnishment to incarceration.
If You’ve Faced Abandonment, Work with an Attorney Who Can Help You Gain the Best Terms in Your Divorce
When a spouse walks out on a relationship, home, and family, the impact is devastating. It is important for those left behind to take the best measures to protect themselves emotionally as well as financially and physically.
At Holstrom, Block & Parke, APLC, our team has over 300 years of combined experience protecting clients in divorce, and we have seen the damage abandonment can cause. We fight to ensure that abandoned spouses have the resources and terms they need to move forward to a better life. For a confidential consultation to discuss the ways we could assist in your situation, contact our team today.