California law empowers courts in divorce cases to order that one spouse pay the other monthly support. These support awards are designed to help the spouse receiving them meet monthly expenses and maintain a standard of living similar to the one enjoyed by the spouses during the marriage. As a recent case out of California’s Fourth District Court of Appeals makes clear, courts have a fair amount of power to decide where to set the support level and whether or not to change it down the road.
Husband and Wife separated in 2009, following some 18 years of marriage. The couple had two children, who were adults by the time the Fourth District took up the case. A trial judge granting their divorce ordered Husband to pay Wife more than $2,700 in spousal support per month and to maintain a $400,000 life insurance policy payable to Wife in the event of his death. The court further explained that Wife was expected to become self-supporting as soon as possible.
Husband later went back to court and convinced the judge to reduce the support award to about $2,000 per month. The judge also decreased the required life insurance coverage to $250,000. That was largely because Wife had become fully employed and was receiving nearly $800 per month in Husband’s pension benefits. The court declined, however, to further reduce the support and insurance requirement based on Husband’s claim that he’d been making payments on his daughter’s student loans. Wife asserted that it was Daughter who was paying some $300 per month on the loans.