So Long to Spousal Support?

April 7th, 2015

A California resident is attempting to place a ballot initiative on the November 2016 ballot that would significantly alter (eliminate?) spousal support in California.  The proposed ballot initiative can be found here.

Spousal support is governed by Family Code Section 4300 (et. seq.) and case law.  In short, “a person shall support the person’s spouse.”  Fam. Code § 4300.  Section 4320 sets forth the factors the court is to review when determining post-dissolution spousal support.  The proposed revision would have 4300 read:  “No party shall be unfairly burdened because the other party is unwilling to become self-supporting.”    The “new” 4320 would eliminate the spousal support factors as there would be no need for them without any legally authorized spousal support.

The ballot initiative, if passed, would a) immediately eliminate current spousal support orders less than 10 years in length and b) reduce by 20% per year for 5 years orders with a duration for greater than 10 years.   Spousal support is currently modifiable based on a change in circumstances, court order, or agreement by the parties.  The proposal appears to eliminate spousal support completely by 2021.

To become an official ballot initiative, certain steps must be followed.  Click here to learn more about that process.  If it obtains the necessary signatures, it still must win a vote at the polls.