The Enigma of Family Code § 4320(e)

Author(s)

Alexandra Bashkirova

Details

Faculty editor: Paul Horton
Publication: Contemporary Legal Issues
Volume: 22
Issue:
Start Page: 257
Month: December
Year: 2015
Type: Article

Abstract

The requirement seems intuitively reasonable that the divorce court must consider the parties’ respective obligations and assets—the property each of them takes away from the judgment of divorce—among a myriad of other factors in determining eligibility, amount, and duration of an alimony award. But in a jurisdiction in which the divorcing parties’ community estate must be equally divided, in which the parties’ separate property must remain untouched, and in which the court is independently authorized to deny alimony to a spouse who has the means for proper self-support, the inclusion of this factor promises little more than confusion whenever a California alimony award is litigated.