Spousal Support The Factors the Court Must Consider California Family Code Section 4320

Note: the “supported party” is the spouse receiving spousal support payments and the “supporting party” is the spouse making spousal support payments.

In determining the spousal support order, the court must consider all of the following circumstances:

1.    Ability of the spouses to maintain the marital standard of living in light of their earning capacity. To measure the extend to which the earning capacity is sufficient, the court must consider:

•    The marketable skills of the supported party, the market for those skills, and the education required to gain such skills;
•    The extent to which the supported party’s present or future earning capacity is impaired due to the domestic responsibilities of the marriage.

2.    The extent to which the supported spouse contributed to the other spouse’s education, training, or career placement that enhanced that other spouse’s earning capacity.

3.    The supporting spouse’s ability to pay spousal support taking into account:

•    The supporting spouse’s earning capacity,
•    Earned and unearned income,
•    Assets, AND
•    Standard of living.

4.    The needs of each party based on the standard of living established during the marriage.

5.    The assets and debts of each party.

6.    The duration of the marriage.

7.    The ability of the supported party to engage in gainful employment without negatively impacting the interests of any dependant children in his/her custody.

8.    The age and health of the parties.

9.    Any history of domestic violence between the parties, which includes any emotional distress resulting from the domestic violence.

10.    The immediate and specific tax consequences to each party.

11.    The potential hardships the parties may endure under the spousal support order.

12.    The goal that the supported party become self-supporting within a reasonable period of time. California law does not encourage spousal support payments to continue indefinitely.

13.    Any criminal conviction of an abusive spouse, which may weigh in deciding whether to reduce or eliminate any spousal support order.

14.    Any other factors that the court determines to be just and equitable.