Legal Duties of Spouses

When people think about marriage, they often focus on love, companionship, and shared goals. But did you know marriage also comes with serious legal responsibilities? In California, the law sees spouses not just as partners in life—but also as partners in a legal and financial sense.

So, whether you’re thinking about marriage, already in one, or going through a rough patch, it’s important to know the legal duties of a husband, legal duties of a wife, and the legal responsibilities of a spouse in general.

Core Legal Duties of Spouses in California

There are multiple statutes under California Family Code the govern the legal duties of spouses in California. Specifically, California Family Codes 720,721 and 4300. Collectively, these laws define the core legal duties between spouses in California, creating a moral and policy-based framework for marital conduct.

Mutual Respect and Support

“Spouses contract toward each other obligations of mutual respect, fidelity, and support.”

Family Code § 720

California Family Code § 720 is broad and reflects the public policy of what marriage means in California. This statute sets the philosophical foundation for marriage in California law. Even though it’s not directly enforceable on its own (you can’t sue your spouse for being disrespectful), it informs how courts interpret and apply other enforceable duties, like financial support and fiduciary duties. It includes three key duties:

Mutual Respect
“Mutual respect” goes beyond being polite. It means honoring your partner’s dignity, independence, and role in the relationship. While you can’t sue someone for being disrespectful, this principle is at the heart of California family law, supporting spouse equality, the right to shared financial transparency, and protection from emotional abuse or controlling behavior.

Fidelity
“Fidelity” means faithfulness to the marital relationship, both sexually and emotionally. It’s a traditional marital duty, and while California is a “no-fault divorce” state (so adultery doesn’t affect the right to divorce), it can still matter in certain legal contexts. For example, if A husband used $10,000 in community funds to pay for vacations with a girlfriend, the wife may be able to demand reimbursement for the community, and possibly sanctions.

Support
In simple terms, “support” here, means that the law expects spouses to look out for each other and share responsibility for the marriage. They owe each other a duty to care for and support one another in life’s shared burdens. However, the California Family Codes don’t only require support each other emotionally it requires financial support as well.

Family Code § 4300 creates a legal duty, not just a moral or social one, for spouses to financially support each other. This includes necessities like housing, food and other basic life needs based on the marital standard of living. If one spouse refuses to help the other financially, this can even impact outcomes in divorce. This is enforceable during the marriage and also forms the basis for spousal support in divorce proceedings.

Fiduciary Duties

Spouses are subject to the general rules governing fiduciary relationships that control the actions of persons occupying confidential relations with each other. This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other. 

Family Code § 721

Family Code § 721(b) states that spouses are in a confidential relationship akin to business partners. It states that spouses each owe the other, complete honesty about money and property, full access to financial info, and fair dealing when making decisions that affect your community property.

Furthermore, it explicitly incorporates principles from partnership law (Corporate Code 16404) which defines the fiduciary duties that spouses owe each other. That includes three main duties:

• Duty of Loyalty
  • You can’t use community property for your own benefit without telling your spouse.
  • You must account for any profits or benefits you get from managing marital assets.
  • You can’t act in a way that hurts your spouse’s interest in shared property.

• Duty of Care
  • You must act responsibly and not recklessly with shared finances.
  • Making bad decisions out of negligence or carelessness can be a breach.

• Duty of Good Faith and Fair Dealing
  • You have to be honest, transparent, and fair.
  • You can’t hide bank accounts, lie about income, or keep your spouse in the dark.

These duties are expanded into divorce and legal separation proceedings through, Family Code §§ 2100–2107. This statute makes it clear: both parties must fully disclose all assets, debts, income, and expenses. If a spouse breaks these rules, they can face serious consequences in a divorce, including losing their share of the hidden or mishandled assets. For example, In a 2001 case (Marriage of Rossi ), A wife won $1.3M in the lottery, hid it, and the court awarded 100% of it to the husband due to fiduciary breach.

In California, marriage is more than a romantic union—it’s a legal and financial partnership built on fairness, honesty, and mutual respect. From daily life to divorce proceedings, spouses are legally obligated to support one another, be transparent about finances, and manage shared property in good faith. These duties don’t just disappear when the relationship ends; they continue to shape how assets are divided and support is determined. If a spouse breaches these obligations, the consequences can be significant. Ultimately, these laws exist to protect both partners and ensure that every stage of the marriage—beginning, middle, or end—is handled with equity and integrity.