Family Code 4320(a): Sufficiency of Earning Capacities to Maintain The Marital Standard of Living

In ordering permanent spousal support, the family court must consider the extent to which each party’s earning capacity can maintain the standard of living established during marriage. Accordingly, the court must consider the following factors in its spousal support decision: (See Family Code 4320(a))

  • The recipient’s marketable skills
  • The job market for those skills
  • The time and expenses required for the recipient to gain the appropriate education or training to cultivate marketable skills
  • The need for retraining or education to gain more marketable skills or employment
  • The extent to which the recipient’s present or future earning capacity is impaired by periods of unemployment during the marriage to permit the recipient to devote time to domestic duties.

Read the entire article on https://rosevilledivorce.com/spousal-support/earning-capacity/ – the website of family law attorney Jin Kim.

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