Changes to Spousal Support Law

Effective this year, the legislature has enacted California Family Code 4320 which now allows the court to consider the length of the marriage as a factor directly affecting the duration of payment of spousal support.

Divorcing spouses frequently ask whether the duration of spousal support is one-half of the duration of the marriage under California law. For some reason, this seems to be the public perception. Although the duration of the marriage has always been one factor which the court can use in determining the duration of spousal support, it has never been a controlling factor. Spousal support duration is supposed to be determined on a case-by-case basis. In some circumstances even a marriage of only a few years can result in support of the same length, while in others it may not. One of the only areas where there is any certainty in regard to duration of support is a long-term marriage. In California, a long term marriage is presumed to be one of ten years or more. In such a situation, there is a legal presumption that a spouse is entitled to receive support until "death, remarriage, or further order of the court". However, this is only a presumption, it is not mandatory. A specific period of time for support can be set on a short term basis in the appropriate circumstances. Nonetheless, the general policy in California has been one of ordering support for the longest period of time possible. In fact, case law even provides that in situations where support was to terminate on a specified date, the court could extend that date even if it was a date selected by the parties jointly when they settled their divorce.

It now appears that the tide may be turning in a new direction. Nine years after the appellate court decision in Marriage of Gavron, 203 Cal.App.3d 705 which stated that a warning must be provided to a supported spouse to undertake efforts to become self-supporting if the failure to do so was to be used as a basis for terminating support, the legislature has enacted Family Code 4320. That code section provides that in fashioning a spousal support order the court may consider "the goal that the supported party be self-supporting within a reasonable period of time. A reasonable period of time [within section 4320] is generally considered to be one-half the length of the marriage.".

This does not mean that the duration of support will be one-half the length of the marriage. It does mean that the court may inform a supported party that they must undertake steps to become self-supporting within that period of time. If they do not, and the paying spouse then seeks to modify or terminate support, the court can consider that failure as a basis to do just that.

The impact of this legislation is not yet clear. In fact, it probably will not be clear until a significant number of spouses are brought before the courts to determine whether they undertook appropriate steps to become self-supporting. What is clear as of the present time, is that lawyers representing paying spouses are insisting that such a warning be included in settlement agreements, while lawyers representing the supported spouse are trying to limit the language to extend support as long as possible.

The addition of this factor to the Family Code is the first step undertaken by the legislature to place a definition on the duration of spousal support. In the present political climate where "self-responsibility" seems to be a recurrent theme, it would not seem out of the question for the legislature to continue with this cause and give further definition and limitations to the duration of spousal support in the future. We will keep you posted.

Expanded Internet Presence

As most of you are aware, we have had a presence on the World Wide Web for some time as part of a group of divorce lawyers located in various parts of the country. However, our own web site is currently under development and will roll out on the internet in the coming weeks. The site will be found under our existing domain name at "http://www.fspclaw.com". The site will provide access to information regarding our firm and items of interest to persons concerned about family law. It will also include a facility to send messages to our office for further information. We will continue to use our existing e-mail address "freds@fspclaw.com" and you can communicate with us directly via e-mail in that manner, without going through the website. Many of our clients, friends and contacts have been using our e-mail address for years. Each month we find more and more people using this medium as a convenient way of communicating with our office.

Other Items of Interest

You may also have noticed that the media interest in custody of the Simpson children has continued. The latest media organization to tap Fred Silberberg for an interview on the subject was KCBS-TV News, which broadcast an interview with Fred on the topic in March. In addition, KABC Radios Larry Elder quoted Fred on the custody issue a few weeks thereafter. Freds insight on the custody case has been disseminated by the media not only locally, but nationwide. Look for more media coverage in the future.

Commencing May 16, we will have a new attorney on staff. Cheryl Anne Row will be joining the firm as an associate. Cheryl is an enthusiastic individual whose knowledge of family law and courtroom procedure will be a valuable asset to our firm. We hope you have the opportunity to meet Cheryl who is a welcome addition to our staff.