Are factors in fixing permanent SS under Fam C 4320(e) A spouse possessed of sufficient SP for their proper support With no minor children may be denied SS under Fam C 4322, Marriage of Terry Assets & Obligations (cont’d) T/Ct may state expectation That supported spouse will prudently invest And supported spouse should not squander Assets received in dissolution [Marriage (2007) 152 Cal.App.4th 240] of West Assets & Obligations (cont’d) Increase in value of separate assets may preclude receipt of SS [Marriage (2000) 80 of Terry Cal.App.4th 921] Award of assets in dissolution Do not qualify as a separate estate For purpose of denial of SS [Marriage (1992) 7 Cal.App.4th 1926] of Winter Assets & Obligations (cont’d) T/Ct cannot require retired spouse To invade retirement assets Representing his share of CP to pay SS T/Ct can require a spouse to use income derived from those CP assets to pay SS (1998) 63 Cal.App.4th 1373 Marriage of Reynolds For a contrary result see: (2011) 193 Cal.App.4th 420 Marriage of Kochan Assets & Obligations (cont’d) Marriage of Reynolds, is consistent with Marriage of Dietz Regarding consideration of retirement funds in fixing support Questionable whether (1987) 192 Cal.App.3d 1022 is reconcilable with Marriage of White and Marriage of Reynolds Marriage of Dietz Duration of Marriage What is a Marriage of Long Duration Duration of Marriage The duration of the marriage Is a factor in setting permanent spousal support under Fam C 4320(f) Case law and statutory provisions acknowledge T/Ct discretion in all but the longest of marriages Duration of Marriage (cont’d)
Are factors in fixing permanent SS under Fam C 4320(e) A spouse possessed of sufficient SP for their proper support With no minor children may be denied SS under Fam C 4322, Marriage of Terry Assets & Obligations (cont’d) T/Ct may state expectation That supported spouse will prudently invest And supported spouse should not squander Assets received in dissolution [Marriage of West (2007) 152 Cal.App.4th 240] Assets & Obligations (cont’d) Increase in value of separate assets may preclude receipt of SS [Marriage of Terry (2000) 80 Cal.App.4th 921] Award of assets in dissolution Do not qualify as a separate estate For purpose of denial of SS [Marriage of Winter (1992) 7 Cal.App.4th 1926] Assets & Obligations (cont’d) T/Ct cannot require retired spouse To invade retirement assets Representing his share of CP to pay SS T/Ct can require a spouse to use income derived from those CP assets to pay SS Marriage of Reynolds (1998) 63 Cal.App.4th 1373 For a contrary result see: Marriage of Kochan (2011) 193 Cal.App.4th 420 Assets & Obligations (cont’d) Marriage of Reynolds, is consistent with Marriage of Dietz Regarding consideration of retirement funds in fixing support Questionable whether Marriage of White (1987) 192 Cal.App.3d 1022 is reconcilable with Marriage of Reynolds and Marriage of Dietz Duration of Marriage What is a Marriage of Long Duration Duration of Marriage The duration of the marriage Is a factor in setting permanent spousal support under Fam C 4320(f) Case law and statutory provisions acknowledge T/Ct discretion in all but the longest of marriages Duration of Marriage (cont’d)
2017%20AFLC%20Day%20Three%20Outline%20Support.docx