About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

12 U.S.F.L. Rev. 493 (1977-1978)
Rehabilitative Spousal Support: In Need of a More Comprehensive Approach to Mitigating Dissolution Trauma

handle is hein.journals/usflr12 and id is 503 raw text is: Rehabilitative Spousal Support: In Need of a More Comprehensive Approach to Mitigating Dissolution Trauma Introduction N MANY JURISDICTIONS TODAY, a spousal support award is predicated on the notion that the marital relationship involves an economic partnership in which the spouses equally share the burdens and responsibilities of both marriage and dissolution.' To promote this equality,2 the California Legislature recently amended Civil Code section 4801 to include eight factors for courts to use in fashioning spousal support awards.3 Although the amended statute lists criteria for ascertaining the dependent spouse's ability or po- tential to become self-supporting,4 neither the statute nor California case law adequately defines the concept or comprehensively ex- plains the principles of rehabilitative spousal support. As a result, it is extremely difficult to determine how California courts might utilize the factors enumerated in Civil Code section 4801 to assess an individual's potential or ability to become self-sustaining, partic- ularly in light of the wide discretion the trial court has in awarding 1. Steinhauer v. Steinhauer, 252 So. 2d 825, 831 (Fla. App. 1971). 2. The law achieves this purpose by encouraging the financial independence of both spouses: Under the New Family Law Act, as between the spouses, the dissolution process is not unlike the dissolution of a business partnership. An equal distribution of assets, liabilities, and responsibilities is mandated to the end that upon entry of the dissolution the parties are to the extent possible placed in a position of economic parity. In re Marriage of Mulhern, 29 Cal. App. 3d 988, 995, 106 Cal. Rptr. 78, 83 (1973). 3. CAL. CIv. CODE § 4801 (West Supp. 1977). Section 4801 mandates the court to consider the following circumstances in fashioning a spousal support award: (1) The earning capacity and needs of each spouse. (2) The obligations and assets, including the separate property, of each. (3) The duration of the mar- riage. (4) The ability of the supported spouse to engage in gainful employment without interfering with the interests of dependent children in the custody of the spouse. (5) The time required for the supported spouse to acquire appropri- ate education, training, and employment. (6) The age and health of the parties. (7) The standard of living of the parties. (8) Any other factors which it deems just and equitable. Id. 4. Id. § 4801(a)(4).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most