What specific factors, listed in Family Code 4320, does a California court review to determine long-term spousal support?
California courts review fourteen specific factors listed in Family Code 4320 to set the amount and duration of long-term spousal support, focusing on the marital standard of living and the supported spouse's ability to become self-sufficient. Here is how to prepare for a court's review of these factors.
Step 1: Document the Marital Standard of Living
Gather financial records from the marriage, including tax returns, bank and credit card statements, and loan applications. This evidence helps the court understand the lifestyle you both maintained during the marriage, which serves as a benchmark for determining need and ability to pay.
Step 2: Assess Each Spouse's Earning Capacity
Collect documents showing each person's education, job skills, and work history. For a spouse who has been out of the workforce, you may need to hire a vocational evaluator. The court will examine each party’s ability to earn an income to maintain the marital standard of living.
Step 3: Complete and File Financial Disclosures
You must complete and file an Income and Expense Declaration (Form FL-150) with the court. This form details your current income, assets, debts, and monthly expenses. It directly addresses your needs and the other party's ability to pay support.
Step 4: Compile Evidence on Other Key Factors
Prepare to discuss other relevant factors, including the duration of the marriage, the age and health of each spouse, any documented history of domestic violence, and each person's contributions to the marriage, such as one spouse's support of the other's education or career.
Important details and nuances:
For marriages of "long duration," generally 10 years or more, the court usually retains the power to order support indefinitely until one party dies, remarries, or the court issues a future order. The goal is for the supported spouse to become self-supporting within a reasonable period, which is presumed to be half the length of the marriage for marriages under 10 years. No single factor is most important; the court weighs all circumstances.
Warnings and limitations:
The judge has significant discretion in weighing the FC 4320 factors, and the outcome can vary. Be completely honest in your financial disclosures, as hiding assets or income carries severe penalties. Spousal support orders can be modified in the future if there is a significant change in circumstances for either party.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Family Law
Divorce, child custody, domestic relations, and family disputes
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