1. Ability to maintain marital
standard of living in light of earning capacities:
The extent to which the parties' respective earning capacities
are sufficient to maintain the standard of living established
during the marriage (Ca Fam § 4320(a)).
2. Contributions to other
spouse's education, training, etc.:
The extent to which the supported spouse contributed to
the other spouse's attainment of an education, training,
career position or license. [Ca Fam § 4320(b)] Section
4320(b) is a companion to Ca Fam § 2641, which creates
a right of reimbursement for community contributions to
one spouse's education or training that "substantially
enhances" the spouse's earning capacity.
3. Supporting spouse's ability
to pay: The supporting spouse's ability to pay
spousal support, taking into account his or her earning
capacity, earned and unearned income, assets, and standard
of living. [Ca Fam § 4320(c)]
Note: A spousal
support order must be consistent with the supporting
spouse's ability to pay as determined by his or her
circumstances at the time of the support hearing--i.e.,
the obligor's present (not past or future) circumstances
(current income/cash flow, assets, earning capacity,
etc.) control.
4. "Needs" in light
of marital standard of living: The needs of each
party based on the standard of living established during
the marriage. [Ca Fam § 4320(d)] "Need" includes
more than "bare necessities of life." But §
4320(d) expressly codifies well-established case law consensus
that "need" must also be judged in terms of the
parties' station in life during marriage and before separation.
5. Parties' assets and debts:
The parties' respective assets and obligations, including
the separate property of each. [Ca Fam § 4320(e)] Thus,
aspouse's separate estate (including assets allocated to
each as a result of the community property division)--and
the reasonable income potential therefrom--may require the
"withholding" of support altogether or a termination
of previously-awarded support. [Ca Fam § 4321(a)]
6. Duration of marriage.
[Ca Fam § 4320(f)] The length of the parties' marriage
bears both on the "need" for support (whether
it should be ordered) and on the amount and duration. The
longer a spouse has been out of the job market on account
of the marriage, the stronger the case for granting support;
by the same token, a relatively short marriage can, depending
on the other § 4320 factors and the "totality
of the circumstances," offset alleged "need"
and justify a lower level of support and/or a shorter support
term.
7. Employability of custodial
spouse vs. impact on children: The ability of the
supported spouse to engage in gainful employment without
interfering with the interests of dependent children in
his or her custody. [Ca Fam § 4320(g)] Section 4320(g)
recognizes the overriding public policy concern for the
welfare of the parties' minor children. Theoretically, e.g.,
weighing all relevant circumstances, the needs of young
children may justify indefinite spousal support to a custodial
parent even after a relatively short marriage.
8. Age and health of the
parties. [Ca Fam § 4320(h)] On balance and
after weighing all of the § 4320 factors, age and health
may warrant either an extension or withholding of support.
Age and health considerations are also particularly relevant
to the question of duration of support.
9. History of domestic violence:
Documented evidence of any history of domestic violence
(as defined in Ca Fam § 6211) between the parties,
including, but not limited to, consideration of emotional
distress resulting from domestic violence perpetrated against
the supported party by the supporting party, and consideration
of any history of violence against the supporting party
by the supported party. [Ca Fam § 4320(i)]
10. Tax consequences:
The immediate and specific tax consequences of spousal support
to each party (e.g., who pays the taxes, who gets the deduction,
what effect on net income). [Ca Fam § 4320(j)]
11. Relative hardships:
"The balance of hardships to each party." [Ca
Fam § 4320(k)] This factor seems to underscore the
court's obligation to consider and weigh all of the §
4320 circumstances in determining the appropriate amount
and duration of spousal support.
12. Goal of self-support:
"The goal that the supported party shall be self-supporting
within a reasonable period of time." [Ca Fam §
4320(l) (e)] Except in marriages of long duration (as described
in Ca Fam § 4336, a "reasonable period of time"
within which to achieve the goal of self-support "generally
shall be one-half the length of the marriage." [Ca
Fam § 4320(l)]
13. Spousal abuse conviction
(mandatory factor for support reduction/termination):
The criminal conviction of an abusive spouse is a mandatory
factor to be considered in making a reduction or termination
of spousal support in accordance with Ca Fam § 4325.
[Ca Fam § 4320(m)]
14. Other "just and
equitable" factors: "Any other factors
the court determines are just and equitable." [Ca Fam
§ 4320(n)] This final factor is a "catch-all,"
clarifying the court's authority to consider any other circumstances,
although not expressly codified, bearing on the propriety
of awarding support and, if so, its amount and duration.
