Family Law – Anti-Davis Legislation Update, SB 1255

Senator John Moorlach

Senator John Moorlach

On February 18, 2016, Senator John Moorlach introduced SB 1255 which, if enacted, will “amend Sections 771, 910, 914, and 4438 of, and … add Section 70 to, the Family Code, relating to family law.”

Family Law – Anti-Davis Legislation Update, SB 1255

Under existing case law, a spouse is required to be living in a separate residence in order to be considered living separate and apart from the other spouse, for purposes of characterizing the earnings of the spouse.
SB 1255 will add Section 70, which reads:
(a) “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:
(1) The spouse has expressed his or her intent to end the marriage to the other spouse.
(2) The conduct of the spouse is consistent with his or her intent to end the marriage.
(b) In determining the date of separation, the court shall take into consideration all relevant evidence.
(c) It is the intent of the Legislature in enacting this section to abrogate the decisions in In re Marriage of Davis (2015) 61 Cal.4th 13 846 and In re Marriage of Norviel (2002) 102 Cal.App.4th 1152.
If passed, modifications to Sections 771, 910, 914, and 4438 of the Family Code will reflect the addition of Section 70, modifying “during which the spouses are living separate and apart” to “after the date of separation.”
It will apply retroactively to cases pending on January 1, 2017.

This post is for informational purposes only and is not to be considered as legal counsel.

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