Spousal Support Introduction California Family Code Section 4320

When a couple gets a divorce or legal separation, one spouse may be ordered to make regular spousal support payments to the other in accordance to either an agreement between the couple or an order issued by a family court judge. The purpose of awarding spousal support is to prevent any unfair economic imbalance by providing a continuing source of income for the economically dependant spouse (i.e., stay-at-home spouse).

Spousal support is not mandatory; instead, the court has a certain degree of discretion in granting or denying the award of spousal support. If the court decides to award spousal support, it can then determine the amount and duration of the award based on a number of deciding factors (Family Code Section 4320).

In determining the propriety of spousal support and its terms, the court will broadly consider the couple’s standard of living during the marriage, the ability of the individual spouses to pay, and their respective financial needs. To address all of these considerations, California law requires that the court consider a number of statutorily defined factors that include:

•    Earning capacity of the spouses,
•    The assets and debts of the spouses,
•    Duration of the marriage,
•    Age and health of the spouses, AND
•    A number of other factors that help the court make a determination.

The court considers these facts and equitable circumstances on a case-by-case basis, which means the weight that each factor carries varies depending on the particular circumstances of the case before the court. It is up to the court’s discretion to award spousal support that is “just and reasonable” under the circumstances (Family Code Section 4330(a)).

The terms of the spousal support payments that you receive in a divorce or legal separation are central when it comes to your ability to maintain your desired standard of living. It is essential that you get the best possible terms in your spousal support order because it is often very difficult to go back and modify the terms. To help you negotiate or litigate for the best possible terms, you need the knowledge and expertise of a skilled family law attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you with your spousal support matter. Call us today at 888-749-7428. We will be there for you when you call.