Many residents of Arizona who are currently paying spousal support as a part of a divorce settlement may be very interested in a bill proposed in one state's legislature this session. The bill could affect those who have to pay alimony to a spouse who has victimized them in the past. The new law would apply to former spouses who have been convicted of a sexual felony victimizing their ex.

The California legislature will consider the bill, which addresses the fairness of forcing a divorced party to financially support a former spouse who has been convicted of assaulting them sexually.

The mandated payments addressed by the proposed bill include not only spousal maintenance payments but also those for medical and life insurance, and legal fees. In these cases, the spouse who is ordered to pay suffers the indignity of paying to support his or her abuser. Thus, the bill's drafters argue, they are being victimized twice -- once by their former spouse sexually and thereafter by the court that orders the spousal maintenance payments. The payments can also be a significant financial strain on the paying spouse.

If passed, the bill will make significant changes to California law. Current state law only protects divorcing parties from having to pay maintenance to their spouse if they are convicted of attempting to kill them.

Although the proposed legislation is not happening in Arizona, it is not far-fetched to think that some Arizona residents have experienced similar difficulties surrounding spousal support in the family law system. It will be interesting to see if or how a decision on this proposed bill affects the way other states, including Arizona, determine alimony.

Source: Moorpark Patch, "Strickland introduces bill to stop spousal support of abusers," Rebecca Whitnall, Jan. 13, 2012