Abby Elliott, who plays Natalie "Sugar" Berzatto on FX's "The Bear," filed for divorce from writer-producer Bill Kennedy on July 17, 2026, after nearly 10 years of marriage, citing irreconcilable differences and a July 8, 2026 separation date. Under California Family Code § 4320, one spouse cannot unilaterally "terminate" the other's right to request support — a court decides based on 14 statutory factors, and a marriage nearing 10 years may qualify as "long-term."
Key Facts
| Detail | Information |
|---|---|
| What happened | Abby Elliott filed for divorce from Bill Kennedy, seeking to terminate his spousal support rights |
| When | Filed July 17, 2026; separation date July 8, 2026 |
| Where | Reported by TMZ; marriage of nearly 10 years |
| Who's affected | The couple and their two young children (joint custody requested) |
| Key statute | California Family Code §§ 4320, 4336, 4330 (spousal support) |
| Impact | Illustrates that one spouse cannot waive the other's statutory support rights by request alone |
According to TMZ and E! News, Elliott's petition requests joint legal and physical custody of the couple's two young children, spousal support for herself, an order terminating Kennedy's ability to receive spousal support, and payment of her attorney's fees. The filing lists irreconcilable differences — the standard no-fault ground — as the basis for dissolution.
Why This Matters Legally
One spouse cannot simply ask a court to "terminate" the other spouse's right to request support at the outset of a case. In California, the right to seek spousal support belongs to each party independently, and a judge — not the opposing spouse — decides whether support is warranted after weighing the factors in Cal. Fam. Code § 4320. A petition can request that the court deny the other side support or reserve the issue, but it cannot unilaterally extinguish a statutory right.
This distinction matters because divorce petitions are opening positions, not rulings. When one party asks the court to bar the other from receiving support, they are inviting the judge to evaluate need and ability to pay. In a marriage approaching 10 years, that request faces a meaningful hurdle: California treats marriages of 10 years or longer as "long-term" under Cal. Fam. Code § 4336, which affects how long the court retains jurisdiction over support. Understanding no-fault divorce helps explain why fault plays almost no role here — irreconcilable differences is the near-universal ground, and marital misconduct is generally irrelevant to support calculations.
How California Law Handles This
California courts determine spousal support using the 14 factors listed in Cal. Fam. Code § 4320, which include each spouse's earning capacity, the marital standard of living, the duration of the marriage, and the ability of the paying spouse to meet the supported spouse's needs. There is no formula for permanent (post-judgment) support — judges weigh these factors case by case. Temporary support during the case, by contrast, is often calculated using county guideline software.
The 10-year threshold is central to this story. Under Cal. Fam. Code § 4336, when a marriage is "of long duration" — generally 10 years or more measured from the date of marriage to the date of separation — the court retains jurisdiction to order support indefinitely rather than setting an automatic termination date. Elliott's July 8, 2026 separation date is legally significant precisely because it fixes that measuring point. A separation just short of the 10-year mark can change the analysis, which is why the separation date is frequently contested in California filings.
On attorney's fees, Cal. Fam. Code § 2030 allows a court to order one spouse to contribute to the other's legal fees to ensure both sides have equal access to representation, based on relative need and ability to pay. This is a needs-based award, not a penalty. On support modification generally, an order for spousal support can later be changed when there is a material change in circumstances — learn more about spousal support modification and how courts evaluate those requests.
Community property is a separate question from support. Under Cal. Fam. Code § 760, property and earnings acquired during marriage are community property divided equally (50/50) at divorce, regardless of who earned more. Support addresses future income needs; property division addresses what the couple already accumulated. Readers weighing what a California case might cost can use our divorce cost estimator and alimony estimator to model scenarios.
Practical Takeaways
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Know that you cannot waive your spouse's rights by filing. A petition can request that the court deny the other party support, but only a judge can decide under Cal. Fam. Code § 4320. Frame requests as "the court should not award support," not "support is terminated."
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Pin down your separation date. Because the 10-year long-duration rule in Cal. Fam. Code § 4336 is measured from marriage to separation, document the date carefully — texts, moving records, and financial changes all help establish it.
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Gather income and standard-of-living evidence early. Support turns on earning capacity and the marital standard of living, so pay stubs, tax returns, and budgets are essential from day one.
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Understand fees are needs-based. If there is an income disparity, the higher earner may be ordered to contribute to the other's attorney's fees under Cal. Fam. Code § 2030 — this is not automatic and is not a punishment.
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Map your timeline. California imposes a six-month minimum waiting period before a divorce is final; our divorce timeline tool shows how the stages fit together, and reviewing the divorce process helps set expectations.
If you are navigating a California divorce and weighing spousal support questions, a personalized divorce roadmap can help you organize your next steps, and you can find a divorce attorney in your area to discuss how these rules apply to your situation.
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.