Spousal Support 4320 Factors

Family Code 4320 sets forth the considerations in determining the proper amount of “permanent” spousal support. The term “permanent” is misleading in that despite being used only at trial and in post-trial request for modification hearings, spousal support determination is often not literally permanent and may be modified (spousal support before trial is “guideline” support which is a more objective (often) calculation based on the incomes of the parties). 4320 factors include earning capacity, marketable skills, child rearing, education, the foregoing of education, contributions to careers, “marital standard of living”, interests of the minor children, length of marriage, half the length of marriage, presumption of lengthy marriage and the needs of each spouse.