In California, we often look at temporary spousal support. That’s the beginning of a proceeding. Typically, a party will prepare or RFO (request for order). Simply motion that you bring before the court and say, I’d like to have support from our client. The courts will look at that. And if one party makes more than the other, quite often spousal support will be issued. That’s to help a party meet their bills and their obligations.
During the pendency of the divorce proceeding, permanent spousal support is given at the judgment level when the court gives a permanent order of divorce. In that, the court must consider the factors that are iterated in Family Code section 4320. Family Code 4320 looks at the history of the relationship. What is the pattern that this couple has set up? Is one person typically working and the other one not? The court looks at is there a history of domestic violence? Does the court look at the earning potential of the parties and can the person become self-supporting?
So, there are a lot of factors that are laid out in Family Code section 4320. And what we find is we typically methodically go through each one of those and present that information to the court.