Hanah2395 said:
What is the name of your state? California
I have been married 23 years. My husband is seeking divorce. I am 54 years old, have a minor child 9 years old, haven't worked since 1994. I believe I'm entitled to spousal support, but I would like to know for how long. I homeschooled my 19 year old from 5th grade through high school and he went on to college. I am currently homeschooling my 9 year old who will be in 5th grade in the fall. I'd like to know if I can get spousal support long enough to finish his homeschooling. If not, I'll need to return to school to complete my degree so that I can get a good enough job to provide my 9 year old access to college. Can I get spousal support long enough to do that? I used to do secretarial work, will the court order me do that again just to get me working?
Thanks.
My response:
The length of the parties' marriage bears both on the "need" for support (whether it should be ordered) and on the amount and duration. The longer a spouse has been out of the job market on account of the marriage, the stronger the case for granting support; by the same token, a relatively short marriage can, depending on the other § 4320 factors and the "totality of the circumstances," offset alleged "need" and justify a lower level of support and/or a shorter support term. [Marriage of Bukaty (1986) 180 Cal.App.3d 143, 150, 225 Cal.Rptr. 492, 497; Marriage of Huntington (1992) 10 Cal.App.4th 1513, 1520-1521, 14 Cal.Rptr.2d 1, 5]
Moreover, duration of the marriage has particular significance on the issue of retention of jurisdiction to extend spousal support in the future. Some cases loosely refer to the "one-half the length of the marriage" standard as establishing a presumptively reasonable period to become self-supporting (see Marriage of Rising (1999) 76 Cal.App.4th 472, 478, 90 Cal.Rptr.2d 380, 385, fn. 9). But that is not what the statute says and, indeed, is contradicted by the statute's express provision that nothing in § 4320(k) is intended to limit the court's discretion to order spousal support for a greater or lesser period of time based on other § 4320 factors, Ca Fam § 4336 (indefinite reservation of spousal support jurisdiction in lengthy marriages, and the parties' circumstances. [Ca Fam § 4320(k)]
Thus, more accurately, one-half the length of the marriage operates as nothing more than a baseline measurement (and it is not even a general baseline in cases of a "lengthy" marriage.
This point is cogently made in a case predating the enactment of Family Code § 4320(k):
"[T]here is nothing talismanic about the 'one-half of the married life' concept. It is not an eternal verity or an immutable principle carved in legal stone or etched in judicial steel. It fits some cases, it doesn't fit others. In some cases the wife is not entitled to a dime. In other cases she must be supported for life. Each and every case must be judged on its own merits. A judicial policy cannot be tolerated which affords blind obedience to the idea that the support order be for a period equal to 'one-half of the married life.' In each case the trial court must make a careful and measured judgment reflecting a sound exercise of discretion in the award of spousal support and its duration . . ." [Marriage of Brantner (1977) 67 Cal.App.3d 416, 423, 136 Cal.Rptr. 635, 639]
You also asked - -
"I used to do secretarial work, will the court order me do that again just to get me working?"
No, the court cannot order you to "do secretarial work" if you have other marketable skills. However, the court will fashion a Support Order that will require you to get back into the job market at some point in time; e.g., have husband pay for skill training and require you to obtain a job after your son reaches his teen years, and is better able to care for himself while you're at work.
IAAL
