High profile divorces, while ripe tabloid fodder, bring to light some of the inequities and subtleties of family law issues. Other than custody, spousal support is one of the most controversial. Often referred to as alimony, spousal support is a legal obligation for one spouse to provide maintenance payments to the other; however, some ex-spouses' demands exceed what would be deemed fair or reasonable to most. As a result, some states, such as California, are considering new legislation that will bring equity back into the equation.
Bill Proposes Eliminating Double Payments in Calculations
In February 2011, Sen. Roderick Wright introduced Senate Bill 481 as a proposed amendment to California's Family Code. The proposed law calls for judges to consider the extent to which a spouse's income-producing property was already capitalized and paid to the other spouse as part of the community property settlement. The idea is to avoid double payments when calculating alimony obligations.
California, as a community property state, provides that any property acquired during marriage is equally owned by each spouse. This includes income earned by both spouses, including income from a self-owned business.
In dividing business property, the state's courts use two specific approaches to determine the community property values; however, the same courts often use the same income information to make maintenance determinations. Under existing law, this double counting impacts those divorcing spouses with income-producing assets, such as businesses or pensions. Senate Bill 481 seeks to change this.
Some Opposed to Idea
A number of organizations, such as Fathers and Families, support Wright's bill, but others in the assembly oppose the change. One opponent is Noreen Evans, chair of the Senate Judiciary Committee. Presently, the bill is stalled before this committee.
Spousal support seems to be a hot topic for Sen. Wright. In 2010, the California lawmaker introduced Senate Bill 1482, which sought to extend the sunset period on a statute that expanded the legal standard for "change in circumstances" to include termination of child-support obligations.
Whether called alimony, maintenance payments or spousal support, the concept remains a controversial topic in family law.
