Spousal Support Upon Dissolution or Separation

Section 4330 provides that, in a judgment of dissolution of marriage or legal separation of the parties, the court may order a party to pay for the support of the other party an amount, for a period of time, that the court determines is just and reasonable, based on the standard of living established during the marriage, taking into consideration specified circumstances.

Section 4331 provides that, in a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational training counselor. The examination includes an assessment of the party’s ability to obtain employment based upon the party’s age, health, education, marketable skills, employment history, and the current availability of employment opportunities. 

The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order must specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom it is to be made. The term “vocational training counselor” is defined.

A vocational training counselor must have at least five specified qualifications. The court may order the supporting spouse to pay, in addition to spousal support, the necessary expenses and costs of the counseling, retraining, or education.

Section 4332 provides that, in a proceeding for dissolution of marriage or for legal separation of the parties, the court is required to make specific factual findings with respect to the standard of living during the marriage, and, at the request of either party, the court is to make appropriate factual determinations with respect to other circumstances.

Section 4333 states that an order for spousal support in a proceeding for dissolution of marriage or for legal separation of the parties may be made retroactive to the date of filing the notice of motion or order to show cause, or to any subsequent date.

Section 4334 provides that, if a court orders spousal support for a contingent period of time, the obligation of the supporting party terminates on the happening of the contingency. The court may, in the order, order the supported party to notify the supporting party, or the supporting party’s attorney of record, of the happening of the contingency.

Section 4335 states that an order for spousal support terminates at the end of the period provided in the order and is not extended unless the court retains jurisdiction.

Section 4336 provides that, except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.

Section 4337 provides that, unless otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party.

Section 4338 requires the court, in the enforcement of an order for spousal support, to resort to the four items of property in the order indicated.

Section 4339 allows the court to order the supporting party to give reasonable security for payment of spousal support.