BILL NUMBER: SB 509	CHAPTERED
	BILL TEXT

	CHAPTER   1163
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 1996
	APPROVED BY GOVERNOR   SEPTEMBER 30, 1996
	PASSED THE SENATE   AUGUST 29, 1996
	PASSED THE ASSEMBLY   AUGUST 21, 1996
	AMENDED IN ASSEMBLY   AUGUST 5, 1996
	AMENDED IN ASSEMBLY   JUNE 6, 1996
	AMENDED IN ASSEMBLY   JULY 7, 1995
	AMENDED IN ASSEMBLY   JUNE 26, 1995
	AMENDED IN SENATE   MAY 23, 1995
	AMENDED IN SENATE   APRIL 3, 1995

INTRODUCED BY  Senator Calderon

                        FEBRUARY 17, 1995

   An act to amend Sections 4320 and 4330 of the Family Code,
relating to family law.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 509, Calderon.  Spousal support.
   Under existing law, in a judgment of dissolution of marriage or
legal separation of the parties, the court is authorized to order a
party to pay spousal support, as the court determines is just and
reasonable, based on the standard of living established during the
marriage and taking into consideration specified circumstances.
   This bill would require the court to consider additional specified
circumstances in ordering spousal support, including the goal that
the supported party shall be self-supporting within a reasonable
period of time, as provided.  The bill would also require a court to
give the parties a specified admonition regarding these provisions
when making an order for spousal support, except as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4320 of the Family Code is amended to read:
   4320.  In ordering spousal support under this part, the court
shall consider all of the following circumstances:
   (a) The extent to which the earning capacity of each party is
sufficient to maintain the standard of living established during the
marriage, taking into account all of the following:
   (1) The marketable skills of the supported party; the job market
for those skills; the time and expenses required for the supported
party to acquire the appropriate education or training to develop
those skills; and the possible need for retraining or education to
acquire other, more marketable skills or employment.
   (2) The extent to which the supported party's present or future
earning capacity is impaired by periods of unemployment that were
incurred during the marriage to permit the supported party to devote
time to domestic duties.
   (b) The extent to which the supported party contributed to the
attainment of an education, training, a career position, or a license
by the supporting party.
   (c) The ability to pay of the supporting party, taking into
account the supporting party's earning capacity, earned and unearned
income, assets, and standard of living.
   (d) The needs of each party based on the standard of living
established during the marriage.
   (e) The obligations and assets, including the separate property,
of each party.
   (f) The duration of the marriage.
   (g) The ability of the supported party to engage in gainful
employment without unduly interfering with the interests of dependent
children in the custody of the party.
   (h) The age and health of the parties.
   (i) The immediate and specific tax consequences to each party.
   (j) The balance of the hardships to each party.
   (k) The goal that the supported party shall be self-supporting
within a reasonable period of time.  A "reasonable period of time"
for purposes of this section generally shall be one-half the length
of the marriage.  However, nothing in this section is intended to
limit the court's discretion to order support for a greater or lesser
length of time, based on any of the other factors listed in this
section and the circumstances of the parties.
   (l) Any other factors the court determines are just and equitable.

  SEC. 2.  Section 4330 of the Family Code is amended to read:
   4330.  (a) 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 the
circumstances as provided in Chapter 2 (commencing with Section
4320).
   (b) When making an order for spousal support, whether the order is
for a specific amount or simply a reservation of jurisdiction, and
except in the limited number of cases where the court determines that
a party is unable to make such efforts, the court shall give the
parties the following admonition:
   "It is the goal of this state that each party shall make
reasonable good faith efforts to become self-supporting as provided
for in Section 4320.  The failure to make reasonable good faith
efforts, may be one of the factors considered by the court as a basis
for modifying or terminating support."