Search the Issue Archive

TitleThe Requirement of Findings for an Alimony Order
Author(s)Mauro Colabianchi
First Page225
AbstractAt first the requirement of alimony-relevant findings depended on a party?s request for them. The 1988 revision, however, required the divorce court to ?make specific factual findings with respect to the standard of living during the marriage? regardless of party request. Reasonably reliable legislative history, quickly quoted by the courts, indicated that this requirement was not intended to take away the trial court?s broad discretion in determining an amount of spousal support but instead was meant simply to serve as a ?starting point for spousal support determinations? under the ?factors? statute that is now Family Code § 4320.8 As to what the Legislature meant by ?standard of living during marriage,? the courts have been unable (or unwilling) to decipher.