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“The purpose of spousal support has not been, and cannot be, defined by the Legislature, since its purpose inevitably varies from case to case depending upon the parties and the facts and circumstances of each case. Thus, the facts and equities in one case may call for no spousal support, or for very short-term support for the purpose of financially assisting one spouse in the transition to single status or until the proceeds from an ordered property division or sale can be received. At the other end of the spectrum are cases where the purpose of spousal support is to provide financial assistance until the death of the supported spouse because he or she is not able to generate sufficient income from employment or assets to provide for his or her own reasonable living expenses. In between are the myriad of factual circumstances that the court must consider in making its order for purposes that vary from case to case.”

“There is no statute imposing on nonmarital cohabitants a duty to support one another or authorizing “spousal support” upon the breakup of the relationship. Support can be awarded in an action based on an express or implied contract between cohabitants [see Marvin v. Marvin, 18 Cal. 3d 660, 134 Cal. Rptr. 815, 557 P.2d 106 (1976)], in a dissolution or legal separation proceeding, any spousal support will be based only on the length of the marriage, not on the time that the parties cohabited prior to marriage [In re Marriage of Bukaty, 180 Cal. App. 3d 143, 225 Cal. Rptr. 492 (4th Dist. 1986).”

“The superior court has jurisdiction in all proceedings under the Family Code. [Fam. Code, § 200] Thus, in a proceeding for dissolution, nullity, or legal separation, the court has jurisdiction to inquire into and render any judgment, and make such orders as are appropriate, concerning the support of either party. [Fam. Code, § 2010, subd. (d)] Specifically, the court has jurisdiction to order a party to pay spousal support in an amount determined to be just and reasonable. [Fam. Code, § 4330]”

[California Civil Practice Family Law Litigation [certain citations omitted]]

Post Author: lawofficesofjamesrdickinson