Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
Unless the provision or context otherwise requires, the definitions and rules of construction in this part govern the construction of this code.
Part 2 - DEFINITIONS
California Family Code — §§ 50-155
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Sections (23)
Added by Stats. 1993, Ch. 219, Sec. 79. Effective January 1, 1994.
“Child for whom support may be ordered” means a minor child and a child for whom support is authorized under Section 3587, 3901, or 3910.
Added by Stats. 1993, Ch. 219, Sec. 79.3. Effective January 1, 1994.
“Community estate” includes both community property and quasi-community property.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
“Community property” is property that is community property under Part 2 (commencing with Section 760) of Division 4.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
“County” includes city and county.
Amended by Stats. 2019, Ch. 115, Sec. 1. (AB 1817) Effective January 1, 2020.
(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 the intent to end the marriage.
(2)The conduct of the spouse is consistent with the 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.
Amended by Stats. 1994, Ch. 1269, Sec. 9. Effective January 1, 1995.
“Employee benefit plan” includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P.L. 93-406) (ERISA), as amended. The term also includes “employee benefit plan” as defined in Section 3 of ERISA (29 U.S.C.A. Sec. 1002(3)).
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
“Family support” means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
“Income and expense declaration” means the form for an income and expense declaration in family law matters adopted by the Judicial Council.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
“Judgment” and “order” include a decree, as appropriate under the circumstances.
Amended by Stats. 1994, Ch. 1010, Sec. 107. Effective January 1, 1995.
“Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.
Added by Stats. 1993, Ch. 219, Sec. 81. Effective January 1, 1994.
“Proceeding” includes an action.
Added by Stats. 2000, Ch. 808, Sec. 21. Effective September 28, 2000.
“Property” includes real and personal property and any interest therein.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
“Property declaration” means the form for a property declaration in family law matters adopted by the Judicial Council.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
“Quasi-community property” means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:
(a)By either spouse while domiciled elsewhere which would have been community property if the spouse who acquired the property had been domiciled in this state at the time of its acquisition.
(b)In exchange for real or personal property, wherever situated, which would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition.
Added by Stats. 1999, Ch. 980, Sec. 1. Effective January 1, 2000.
“Petitioner” includes plaintiff, where appropriate.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
“Respondent” includes defendant, where appropriate.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
“Separate property” is property that is separate property under Part 2 (commencing with Section 760) of Division 4.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
“Spousal support” means support of the spouse of the obligor.
Added by Stats. 2016, Ch. 50, Sec. 35. (SB 1005) Effective January 1, 2017.
“Spouse” includes “registered domestic partner,” as required by Section 297.5.
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