Spousal SupportSpousal Support Upon Dissolution Or Legal Separation

Section § 4330

Explanation

This section allows a court to order one spouse to pay spousal support to the other after a divorce or legal separation. The amount and duration are based on what is fair, considering the lifestyle during the marriage and other factors outlined in related sections. The court may also encourage the supported spouse to work towards financial independence unless the marriage was considered long-term, in which case the court might skip this advice.

(a)CA Family Law Code § 4330(a) In a judgment of dissolution of marriage or legal separation of the parties, the court may order a party to pay for the support of the other party an amount, for a period of time, that the court determines is just and reasonable, based on the standard of living established during the marriage, taking into consideration the circumstances as provided in Chapter 2 (commencing with Section 4320).
(b)CA Family Law Code § 4330(b) When making an order for spousal support, the court may advise the recipient of support that the recipient should make reasonable efforts to assist in providing for their support needs, taking into account the particular circumstances considered by the court pursuant to Section 4320, unless, in the case of a marriage of long duration as provided for in Section 4336, the court decides this warning is inadvisable.
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Section § 4331

Explanation

In divorce or legal separation cases, a court might require a spouse to meet with a vocational training counselor. This counselor assesses the spouse's potential to find a job based on their age, health, education, skills, and job market conditions, aiming to maintain their marital lifestyle. Such an examination requires a formal request and notice to all involved. If someone refuses the examination, they could face consequences like those for ignoring other types of court-ordered examinations. The vocational training counselor must have certain qualifications, such as a relevant master's degree and knowledge of job markets and career assessments. Additionally, the court may require the spouse who pays support to cover expenses for any counseling or training.

(a)CA Family Law Code § 4331(a) In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the party’s ability to obtain employment based upon the party’s age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the party’s ability to obtain employment that would allow the party to maintain their marital standard of living.
(b)CA Family Law Code § 4331(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom it is to be made.
(c)CA Family Law Code § 4331(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.
(d)CA Family Law Code § 4331(d) “Vocational training counselor” for the purpose of this section means an individual with sufficient knowledge, skill, experience, training, or education in interviewing, administering, and interpreting tests for analysis of marketable skills, formulating career goals, planning courses of training and study, and assessing the job market, to qualify as an expert in vocational training under Section 720 of the Evidence Code.
(e)CA Family Law Code § 4331(e) A vocational training counselor shall have at least the following qualifications:
(1)CA Family Law Code § 4331(e)(1) A master’s degree in the behavioral sciences, or other postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation.
(2)CA Family Law Code § 4331(e)(2) Qualification to administer and interpret inventories for assessing career potential.
(3)CA Family Law Code § 4331(e)(3) Demonstrated ability in interviewing clients and assessing marketable skills with an understanding of age constraints, physical and mental health, previous education and experience, and time and geographic mobility constraints.
(4)CA Family Law Code § 4331(e)(4) Knowledge of current employment conditions, job market, and wages in the indicated geographic area.
(5)CA Family Law Code § 4331(e)(5) Knowledge of education and training programs in the area with costs and time plans for these programs.
(f)CA Family Law Code § 4331(f) The court may order the supporting spouse to pay, in addition to spousal support, the necessary expenses and costs of the counseling, retraining, or education.
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Section § 4332

Explanation

When a couple is getting a divorce or legally separating, the court must detail how they lived during their marriage, like their lifestyle and financial situation. If one of the people involved asks, the court will also look into other important factors that could affect the case.

In a proceeding for dissolution of marriage or for legal separation of the parties, the court shall make specific factual findings with respect to the standard of living during the marriage, and, at the request of either party, the court shall make appropriate factual determinations with respect to other circumstances.
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Section § 4333

Explanation

If someone is getting a divorce or legal separation and they're asking for spousal support, the court can decide to start the payments from the date they filed the motion, or from any date after that.

An order for spousal support in a proceeding for dissolution of marriage or for legal separation of the parties may be made retroactive to the date of filing the notice of motion or order to show cause, or to any subsequent date.
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Section § 4334

Explanation

This law explains what happens when spousal support is set for a certain period or condition, known as a contingency. Once this condition occurs, the person paying support can stop paying. The court might require the person receiving the support to inform the payer or their lawyer when this condition happens. If the person receiving support does not inform the payer and keeps accepting money, they have to pay back any support received after that condition was met, unless there's still unpaid spousal support owed.

(a)CA Family Law Code § 4334(a) If a court orders spousal support for a contingent period of time, the obligation of the supporting party terminates on the happening of the contingency. The court may, in the order, order the supported party to notify the supporting party, or the supporting party’s attorney of record, of the happening of the contingency.
(b)CA Family Law Code § 4334(b) If the supported party fails to notify the supporting party, or the attorney of record of the supporting party, of the happening of the contingency and continues to accept spousal support payments, the supported party shall refund payments received that accrued after the happening of the contingency, except that the overpayments shall first be applied to spousal support payments that are then in default.
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Section § 4335

Explanation
This law states that spousal support ends when the time specified in the order is up, and it can't be extended unless the court specifically says it can or according to another rule.
An order for spousal support terminates at the end of the period provided in the order and shall not be extended unless the court retains jurisdiction in the order or under Section 4336.
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Section § 4336

Explanation

This law explains that in cases of divorce or legal separation, the court can keep the option open to change or maintain spousal support if the marriage lasted a long time, usually defined as 10 years or more unless the parties agree otherwise. The law considers a marriage of 10 years or more as long-lasting, but the court can still look at shorter marriages or consider if time spent apart affects this. However, the court can later decide to end spousal support if circumstances change. This law applies to cases from January 1, 1988, onwards, or those cases that were still open at that time without a permanent support order.

(a)CA Family Law Code § 4336(a) Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.
(b)CA Family Law Code § 4336(b) For the purpose of retaining jurisdiction, there is a presumption affecting the burden of producing evidence that a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration. However, the court may consider periods of separation during the marriage in determining whether the marriage is in fact of long duration. Nothing in this subdivision precludes a court from determining that a marriage of less than 10 years is a marriage of long duration.
(c)CA Family Law Code § 4336(c) Nothing in this section limits the court’s discretion to terminate spousal support in later proceedings on a showing of changed circumstances.
(d)CA Family Law Code § 4336(d) This section applies to the following:
(1)CA Family Law Code § 4336(d)(1) A proceeding filed on or after January 1, 1988.
(2)CA Family Law Code § 4336(d)(2) A proceeding pending on January 1, 1988, in which the court has not entered a permanent spousal support order or in which the court order is subject to modification.
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Section § 4337

Explanation

If two people have an agreement for spousal support (financial support from one ex-spouse to the other), that obligation ends if either person dies or if the person receiving support gets remarried, unless they've agreed in writing to something different.

Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party.
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Section § 4338

Explanation
This law outlines the order in which different types of property can be used to enforce spousal support payments after separation. First, the law looks at the earnings or income of the spouse who must pay support, which would have been considered shared if the couple hadn't separated. If that's not enough, the court will then use any property the couple owned together, then property acquired while living outside California that's treated like community property, and finally, personal property of the paying spouse.
In the enforcement of an order for spousal support, the court shall resort to the property described below in the order indicated:
(a)CA Family Law Code § 4338(a) The earnings, income, or accumulations of either spouse after the date of separation, as defined in Section 70, which would have been community property if the spouse had not been separated from the other spouse.
(b)CA Family Law Code § 4338(b) The community property.
(c)CA Family Law Code § 4338(c) The quasi-community property.
(d)CA Family Law Code § 4338(d) The other separate property of the party required to make the support payments.
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Section § 4339

Explanation

The court can make someone who is supposed to pay spousal support provide a type of guarantee or security to ensure the payments are made.

The court may order the supporting party to give reasonable security for payment of spousal support.
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