A recent decision by the California Court of Appeal, First District, overturned a Sonoma County trial court ruling which had reduced, and then tapered, the amount spousal support a wife had been receiving since the parties' divorce. The wife had initially declared that she would become a school teacher but instead became a real estate agent. In reducing, then ending, the spousal support amount, the trial court relied on the length of the marriage, her favorable earnings outlook, and the fact that she had received significant community property assets that she had failed to save.

However, the Appellate Court found this marriage of twenty (20) years was of "long duration" pursuant to Family Code, section 4336 and, thus, is not subject to the Family Code, section 4320(l) goal that a supported spouse become self-supporting within a reasonable time (generally, one-half the length of the marriage).

The Court also found her earnings outlook to be less than what the trial court had determined it to be.

Finally, the Court found the wife's lack of savings from her community property share should not be imputed against her as she was not asking for a support payment above the amount of support she received while she was also receiving community property payments.

However, the Court rejected the wife's assertion that there had been no material change in circumstances that would warrant a review of support as the wife's decision to abandon her stated career choice and take a different path, a path which enabled her to find employment and earn money, was a material change.

Case: Marriage of West
Court: Sonoma
Trial Judge: Bertoli

Labels: alimony, change of circumstances, divorce, spousal support