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Family

Feb. 16, 2022

Spousal support should be determined objectively

See more on Spousal support should be determined objectively

There are multiple objections to the current state of the law. To begin with, the required analysis is entirely subjective, a problem that is compounded by a lack of transparency.

Franklin R. Garfield

Garfield & Tepper

Email: frank@frankgarfield.com

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Under California law, the amount of permanent spousal support is supposedly determined by an analysis of the statutory factors listed in Family Code Section 4320(a)-(n), which include, "[a]ny other factors the court determines are just and equitable."

There are multiple objections to the current state of the law. To begin with, the required analysis is entirely subjective, a problem that is compounded by a lack of transparency. The trial ju...

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