Bill Text: CA SB1255 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Dissolution of marriage: date of separation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-07-25 - Chaptered by Secretary of State. Chapter 114, Statutes of 2016. [SB1255 Detail]

Download: California-2015-SB1255-Amended.html

---

BILL NUMBER: SB 1255	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2016
	AMENDED IN SENATE  MAY 5, 2016

INTRODUCED BY   Senator Moorlach

                        FEBRUARY 18, 2016

   An act to amend Sections 771, 910, 914, and  4438
  4338  of, and to add Section 70 to, the Family
Code, relating to family law.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1255, as amended, Moorlach. Dissolution of marriage: date of
separation.
   Existing law regulates the characterization and division of
property upon the dissolution of marriage or the legal separation of
the parties. Under existing law, debt incurred by a spouse after the
date of separation is generally confirmed to that spouse. Existing
law similarly provides that the earnings of a spouse are separate
property if the spouse is living separate and apart from the other
spouse.
   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.
   This bill would define "date of separation" for purposes of the
Family Code to mean the date that a complete and final break in the
marital relationship has occurred, as evidenced by the spouse's
expression of his or her intent to end the marriage and conduct that
is consistent with that intent. The bill would direct a court to take
into account all relevant evidence in determining the date of
separation.  The bill would specify that its provisions apply
to all cases filed on or after January 1, 2017. The bill would also
make related, conforming changes. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 70 is added to the Family Code, to read:
   70.  (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  to the other spouse  his or
her intent to end the  marriage to the other spouse.
  marriage. 
   (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 846 and In re Marriage of Norviel (2002) 102 Cal.App.4th
1152.
  SEC. 2.  Section 771 of the Family Code is amended to read:
   771.  (a) The earnings and accumulations of a spouse and the minor
children living with, or in the custody of, the spouse, after the
date of separation of the spouses, are the separate property of the
spouse.
   (b) Notwithstanding subdivision (a), the earnings and
accumulations of an unemancipated minor child related to a contract
of a type described in Section 6750 shall remain the sole legal
property of the minor child.
  SEC. 3.  Section 910 of the Family Code is amended to read:
   910.  (a) Except as otherwise expressly provided by statute, the
community estate is liable for a debt incurred by either spouse
before or during marriage, regardless of which spouse has the
management and control of the property and regardless of whether one
or both spouses are parties to the debt or to a judgment for the
debt.
   (b) "During marriage" for purposes of this section does not
include the period after the date of separation, as defined in
Section 70, and before a judgment of dissolution of marriage or legal
separation of the parties.
  SEC. 4.  Section 914 of the Family Code is amended to read:
   914.  (a) Notwithstanding Section 913, a married person is
personally liable for the following debts incurred by the person's
spouse during marriage:
   (1) A debt incurred for necessaries of life of the person's spouse
before the date of separation of the spouses.
   (2) Except as provided in Section 4302, a debt incurred for common
necessaries of life of the person's spouse after the date of
separation of the spouses.
   (b) The separate property of a married person may be applied to
the satisfaction of a debt for which the person is personally liable
pursuant to this section. If separate property is so applied at a
time when nonexempt property in the community estate or separate
property of the person's spouse is available but is not applied to
the satisfaction of the debt, the married person is entitled to
reimbursement to the extent such property was available.
   (c) (1) Except as provided in paragraph (2), the statute of
limitations set forth in Section 366.2 of the Code of Civil Procedure
shall apply if the spouse for whom the married person is personally
liable dies.
   (2) If the surviving spouse had actual knowledge of the debt prior
to expiration of the period set forth in Section 366.2 of the Code
of Civil Procedure and the personal representative of the deceased
spouse's estate failed to provide the creditor asserting the claim
under this section with a timely written notice of the probate
administration of the estate in the manner provided for pursuant to
Section 9050 of the Probate Code, the statute of limitations set
forth in Section 337 or 339 of the Code of Civil Procedure, as
applicable, shall apply.
   (d) For purposes of this section, "date of separation" has the
same meaning as set forth in Section 70.
  SEC. 5.  Section 4338 of the Family Code is amended to read:
   4338.  In the enforcement of an order for spousal support, the
court shall resort to the property described below in the order
indicated:
   (a) The earnings, income, or accumulations of either spouse after
the date of separation, as defined in Section 70, which would have
been community property if the spouse had not been separated from the
other spouse.
   (b) The community property.
   (c) The quasi-community property.
   (d) The other separate property of the party required to make the
support payments. 
  SEC. 6.    This act shall apply to all cases filed
on or after January 1, 2017.