• Spousal support orders in California are governed by the California Family Code.courthouse image by Michael Shake from Fotolia.com
  
  The California Family Code governs spousal support orders and enforcement. The court will consider a number of factors before granting a support order, including the earning abilities of both spouses and any factors that may make it harder for one spouse to be self-supporting right away. When spousal support payments are in arrears, the court may refer enforcement to a child support agency or the district attorney.
  
  

Spousal Support Orders in California

• Section 4320 of the California Family Code deals with spousal support or alimony. The court will base its decision on the standard of living established during the marriage and on the ability of both parties to maintain that standard when the marriage ends. The court will consider the earning power of the spouse seeking support, including such factors as childcare responsibilities and gaps in employment or education due to domestic duties during the marriage. The earning power and assets of the supporting spouse will also be considered, as will any documented history of domestic violence. The family code specifies both spouses should be self-supporting within a reasonable period of time, generally but not absolutely defined as half the length of the marriage. The court will use this as a guideline in determining the length of any support order, but there is nothing preventing the court from ordering support for a shorter or longer period of time.
  
  

Termination of Spousal Support

• California Family Code Section 4323 states that the court may find a decreased need for spousal support if the supported party is living with a member of the opposite sex and that the income of the supported spouse's non-marital partner is not to be considered as a factor in this situation.
  
  Section 4335-4337 states that a spousal support order terminates at the end of the term provided in the order itself or upon the death or remarriage of either party unless there is an agreement in writing stating otherwise.
  
  

Enforcement

• Under California Family Code Section 4338-4339, the court may order the supporting spouse to provide security for payment of the spousal support order. In the enforcement of the order, the court will first resort to any income that would have been considered community property if not for the divorce, followed by any current community property, then quasi-community property and finally any separate property needed to pay the support order. These are the resources the court will draw upon if the support payments are in arrears.
  
  According to Section 4351, the court may turn over the enforcement of a spousal support order to the local child support agency. If the supported spouse is on welfare and the child support agency is required to go to court to enforce a child support order, then any spousal support payments in arrears will also be enforced at the same time. The district attorney also has the independent authority to enforce payment of a support order or to punish any failure to pay a support order.