Modification of Spousal Support in California: A Case Analysis

The purpose of this post is to help you understand what type of analysis a court uses in determining whether a modification of spousal support is warranted.  Let’s use an example.

I’m using the following appeals case of (In re Marriage of Shaughnessy (2006) 139 Cal. App. 4th 1225) as the example of how the courts apply law to a factual situation.  This case is a good example of spousal support because the couple has no children.  Therefore, you get a cleaner look on how spousal support law works. 

Long-Term Marriages in California

Under California law, ten-year plus marriages are presumed to be “lengthy” marriages or marriages of long duration for the purposes of spousal support.  By default, according to California family Code 4336, a marriage 10 years or more the court will retain jurisdiction over the spousal support issue unless you agree to something else your marital settlement agreement.