BILL NUMBER: AB 808	CHAPTERED  09/01/99

	CHAPTER   284
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 1999
	APPROVED BY GOVERNOR   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	PASSED THE SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 8, 1999
	AMENDED IN SENATE   JUNE 15, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999

INTRODUCED BY   Assembly Member Strom-Martin
   (Coauthors:  Assembly Members Aroner, Cox, Keeley, and Leach)
   (Coauthors:  Senators Alpert and Solis)

                        FEBRUARY 24, 1999

   An act to amend Section 4320 of the Family Code, relating to
spousal support.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 808, Strom-Martin.  Spousal support.
   Existing law requires the court to consider the age and health of
the parties, among other circumstances, in ordering spousal support.

   This bill would require the court when considering the age and
health of the parties to include in that consideration emotional
distress resulting from domestic violence perpetrated against the
supported party by the supporting party where  the court finds
documented evidence of a history of domestic violence, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4320 of the Family Code is amended to read:
   4320.  In ordering spousal support under this part, the court
shall consider all of the following circumstances:
   (a) The extent to which the earning capacity of each party is
sufficient to maintain the standard of living established during the
marriage, taking into account all of the following:
   (1) The marketable skills of the supported party; the job market
for those skills; the time and expenses required for the supported
party to acquire the appropriate education or training to develop
those skills; and the possible need for retraining or education to
acquire other, more marketable skills or employment.
   (2) The extent to which the supported party's present or future
earning capacity is impaired by periods of unemployment that were
incurred during the marriage to permit the supported party to devote
time to domestic duties.
   (b) The extent to which the supported party contributed to the
attainment of an education, training, a career position, or a license
by the supporting party.
   (c) The ability to pay of the supporting party, taking into
account the supporting party's earning capacity, earned and unearned
income, assets, and standard of living.
   (d) The needs of each party based on the standard of living
established during the marriage.
   (e) The obligations and assets, including the separate property,
of each party.
   (f) The duration of the marriage.
   (g) The ability of the supported party to engage in gainful
employment without unduly interfering with the interests of dependent
children in the custody of the party.
   (h) The age and health of the parties, including, but not limited
to, consideration of emotional distress resulting from domestic
violence perpetrated against the supported party by the supporting
party where the court finds documented evidence of a history of
domestic violence, as defined in Section 6211, against the supported
party by the supporting party.
   (i) The immediate and specific tax consequences to each party.
   (j) The balance of the hardships to each party.
   (k) The goal that the supported party shall be self-supporting
within a reasonable period of time.  A "reasonable period of time"
for purposes of this section generally shall be one-half the length
of the marriage.  However, nothing in this section is intended to
limit the court's discretion to order support for a greater or lesser
length of time, based on any of the other factors listed in this
section and the circumstances of the parties.
   (l) Any other factors the court determines are just and equitable.