“Spousal support is court-ordered that one spouse pays to the other spouse; & is tax deductible for supporting spouse, includible in supported spouse’s income (CA only); it is a discretionary decision made by a trial court judge who decides after considering all of the factors enumerated in FC 4320: If spousal support should be ordered, modified or terminated, the duration, amount of spousal support to be ordered; & retroactivity to date of filing request or any subsequent date (FC 4333).
The marital standard of living: is the general station in life enjoyed by the parties, should be weighed under circumstances case along with other applicable factors, examines the supported spouse’s needs, not the supporting spouse’s standard of living due to post-separation separate property earnings (Marriage of Ackerman).
Spousal support in marriages lasting less than 10 years court decides if ordered, how much, for how long, more than 10 years, court decides if ordered, how much & how long; Jurisdiction cannot be terminated as to a spouse’s right to receive.
Retirement and spousal support: must take into consideration that the retirement age is 65, and no one should be compelled to work after 65 years (Marriage of Renolds).
A temporary spousal support order: is made to maintain the status quo pending trial, requires judge to consider all factors in FC 4320 before making the order, requires a material change of circumstances to modify, and is usually a higher amount than permanent support orders.
Permanent spousal support: is ordered to provide financial assistance after dissolution, requires judge to consider all factors in FC 4320 before making the order, requires a material change of circumstances to modify, may be ordered in a short marriage or a marriage of long duration, and is usually a lower amount of money than temporary support.
Specific spousal support orders: A Richmond Order terminate spousal support on a specific date unless the supported spouse files a motion to modify (Marriage of Richmond). A Substantive Stepdown order decreases the amount of spousal support in designated steps until it becomes a minimal amount or is reduced to $0. Jurisdictional Stepdown orders spousal support to be paid until a certain date.
When supported spouse cohabitates with romantic partner: There is a rebuttable presumption of a decreased need for spousal support; and the supported party has burden to prove no decreased need by a preponderance.
Family support (FC 92): Is agreement or judgment that combines child support and spousal support; and entire amount is tax deductible to obligor, includible in obligee’s income (FC 4066).”
(LW Greenberg, California Family Law)
