Ten Important Laws You Need to Know About (if You’re Getting a Divorce)

1. Spousal Support (Family Code Section 4320): While pre judgment spousal support is generally calculated using a formula, long term spousal support is determined by review of various factors. Some of the factors the court considers include:
- Age and health of the parties
- Marital standard of living
- Debts and assets of each party
- Duration of marriage
- The ability of one spouse to pay spousal support
- Possible need for retraining or education to the supported spouse
- Periods of unemployment for one party who stayed home to tend to domestic duties.

2. Domestic Partners (Family Code Section 143): This law clarified that “spouse” includes “registered domestic partner.” All references to “husband” and “wife” in the family code now apply to domestic partners as well.

3. Temporary Spousal Support (pre divorce) (Marriage of Samson, Marriage of Stanton (2010) 190 CA4th 547): A change of circumstances is required to modify a temporary spousal support order. An example would be one spouse losing their job or the other receiving a raise at their employment.

4. Calculating Child Support (Family Code Section 4055(a)):While it’s a lot easier to calculated child support using the Department of Child Support services calculator, we get a lot of people asking us about the actual formula. FC 4055(a) specifies it.

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