Alimony Criteria: Balance of Hardships

Author(s)

Bhavani Peesapati

Details

Faculty editor: Paul Horton
Publication: Contemporary Legal Issues
Volume: 22
Issue:
Start Page: 333
Month: December
Year: 2015
Type: Article

Abstract

In California the best explanation for a permanent alimony award seems to be that after divorce the ex-spouse who is in the better financial situation should economically support the other ex-spouse until the latter is able to support herself. This explanation shines through Family Code § 4320, which requires the divorce court to consider various factors in determining whether to award alimony and how much to award. Among these factors we find “the balance of the hardships to each party.” Where does this factor come from? What purposes is this factor meant to serve in the alimony calculus? What purposes has it come to serve?