Aaron Phypers filed for divorce from actress Denise Richards on July 7, 2026, citing irreconcilable differences and requesting spousal support from the wealthier spouse — even though Richards holds a permanent domestic-violence restraining order against him (granted November 2025, effective through 2030) and Phypers faces pending spousal-abuse criminal charges, Fox News reported. Under California law, a domestic-violence finding creates a rebuttable presumption against awarding him support.
| Detail | Summary |
|---|---|
| What happened | Aaron Phypers filed for divorce and requested spousal support from Denise Richards |
| When | July 7, 2026 (marriage began September 2018) |
| Where | California (Los Angeles County) |
| Who's affected | Denise Richards, Aaron Phypers; no shared children |
| Key statute | Cal. Fam. Code § 4325 (DV presumption against support) |
| Impact | Restraining order + abuse charges create a presumption Phypers must overcome to receive any support |
Why this matters legally
A documented domestic-violence finding directly undercuts a spouse's request for support in California. Under Cal. Fam. Code § 4325, a spouse convicted of domestic violence against the other spouse within five years of filing faces a rebuttable presumption that they should not receive spousal support. Richards obtained a permanent restraining order in November 2025 that runs through 2030, and Phypers faces pending spousal-abuse charges — facts a family court will weigh heavily.
The key legal wrinkle is timing. The § 4325 presumption is strongest after a criminal conviction. As of the July 7, 2026 filing, Phypers faces charges but no reported conviction, so the automatic conviction-based presumption may not yet apply. However, California courts independently consider documented abuse when deciding support under Cal. Fam. Code § 4320, which lists the factors judges must analyze — including any history of domestic violence between the parties. A restraining order is powerful evidence within that analysis.
How California law handles this
California treats spousal support as gender-neutral and income-based, not marriage-role-based. The court examines each spouse's earning capacity, the marital standard of living, and the statutory factors in Cal. Fam. Code § 4320 — meaning a lower-earning husband can, in principle, seek support from a higher-earning wife. This is why Phypers, reportedly the lower earner, filed his request despite the optics.
The domestic-violence overlay changes the calculus. Beyond the § 4325 presumption, Cal. Fam. Code § 4324.5 restricts support for a spouse convicted of a violent sexual felony or domestic-violence felony against the other spouse. If Phypers is convicted, these provisions could bar or sharply reduce any award. Even without a conviction, the § 4320 history-of-abuse factor gives the judge broad discretion to deny support based on the documented restraining order.
California is also a community-property state under Cal. Fam. Code § 760, so property and debt acquired during the roughly seven-year marriage (September 2018 to July 2026) are presumptively split 50/50 regardless of the abuse allegations. Property division and spousal support are separate questions — a restraining order affects support far more than it affects the equal division of community assets. Because the couple shares no children, there are no custody or child-support issues, which narrows the dispute to property and support.
The six-month waiting period also applies. Under Cal. Fam. Code § 2339, no California divorce is final until at least six months after the responding spouse is served, so this case cannot conclude before roughly January 2027 at the earliest. That timeline often runs longer when support and property are contested. You can estimate a realistic schedule with our California divorce timeline tool.
Practical takeaways
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Document everything. If you hold a restraining order, keep certified copies and all related police reports — they become critical evidence in the Cal. Fam. Code § 4320 support analysis. A restraining order granted in one case carries into the divorce record.
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Understand that abuse and support are legally linked. A domestic-violence finding does not automatically end a support claim, but it creates a presumption the abusive spouse must overcome. Learn how spousal support modification and awards work before assuming any outcome.
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Separate property from support in your thinking. Even where support is contested, community property under Cal. Fam. Code § 760 is still presumptively divided equally. Use our California divorce cost estimator to plan for the financial reality of an equal split.
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Know the no-fault framework. California is a no-fault divorce state, so "irreconcilable differences" is the standard ground — but no-fault does not mean conduct is irrelevant, because documented abuse still shapes support decisions.
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Get tailored guidance early. If domestic violence is part of your case, the interplay of criminal charges, restraining orders, and support is complex. Build a personalized divorce roadmap or find a divorce attorney who handles both family and DV matters.
If you are navigating a California divorce involving support, property, or safety concerns, understanding the statutes above is the first step toward a realistic plan. A qualified family law attorney can evaluate how a restraining order or pending charges affect your specific support and property questions.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.