BILL ANALYSIS                                                                                                                                                                                                    






                 SENATE JUDICIARY COMMITTEE
                  Adam B. Schiff, Chairman
                 1999-2000 Regular Session


AB 391                                                 A
Assembly Member Jackson                                B
As Amended April 29, 1999
Hearing Date:  August 17, 1999                         3
Family Code                                            9
GMO                                                    1
                                                       

                           SUBJECT
                               
            Spousal Support: Factors to Consider


                         DESCRIPTION  

This bill would:

 Establish that the goal that the supported spouse become  
  self-supporting be based on the standard of living  
  established during the marriage;

 Exempt marriages of long duration (10 years or more,  
  under Family Code Section 4336) from the marriages for  
  which a  "reasonable length of time" to attain the goal  
  of becoming self-supporting is defined as one-half the  
  length of the marriage; and 

 Eliminate the statutorily required Gavron   warning, an  
  admonition given by a court ordering spousal support or  
  reserving jurisdiction over the issue of support, that  
  the supported party must make reasonable good faith  
  efforts to become self-supporting.

                          BACKGROUND  

SB 509 (Calderon), Ch. 1163, Stats. 1996, enacted into the  
Family Code the goal to become self-supporting as one of  
the factors for a court to consider when ordering spousal  
support, and required the court, except in limited cases,  
to give the admonition known as the Gavron warning when  
                                                       
(more)



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ordering support or reserving jurisdiction. 

AB 400 (Kuehl, 1997) would have exempted marriages of long  
duration as defined by Family Code Section 4336 from the  
marriages for which a  "reasonable length of time," during  
which a supported spouse is to attempt to reach  
self-support, is defined as one-half the length of the  
marriage.  It would have deleted the statutory Gavron  
warning and instead would have authorized the court to  
advise the supported spouse to make reasonable efforts to  
assist in his or her own support needs, unless the court  
found the warning inadvisable in the case of a marriage of  
long duration.  This bill was vetoed by then-Governor  
Wilson.

This bill is a new, improved, stronger version of AB 400.


                   CHANGES TO EXISTING LAW
  
  Existing law  (Family Code Section 4330) authorizes the  
court, in a judgment of dissolution of marriage or legal  
separation, to order one party to pay spousal support to  
the other party in an amount and for a duration that the  
court deems just and reasonable based on the standard of  
living established during the marriage, taking into  
consideration the various factors enumerated in Family Code  
Section 4320.  

  Under existing law  (Family Code Section 4320), the court  
is required to consider several factors when ordering  
spousal support, including the following:

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:

   (1) the marketable skills of the supported party, the  
     job market for those skills, the time and expense that  
     would be required for the supported party to acquire  
     those marketable skills, and the possible need for  
     retraining or education to acquire other, more  
     marketable skills; and 

   (2) the extent to which the supported party's present or  
                                                             




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     future earning capacity is impaired by periods of  
     unemployment incurred during the marriage to permit  
     the supported party to devote time to domestic duties;

b)  the supporting party's ability to pay, based on his or  
  her earning capacity, earned and unearned income, assets,  
  and standard of living;

c)  the needs of each party based on the standard of living  
  established during the marriage;

d)  the duration of the marriage;

e)  the age and health of the parties;

f)   the balance of hardships to each party;

g)  the goal that the supported party shall become self  
  supporting within a reasonable period of time, defined  
  generally as one-half the length of the marriage;

h)   other factors the court determines to be just and  
equitable.

 This bill  would establish that the goal to become  
self-supporting would be based on the standard of living  
established during the marriage [see (g) above].

  This bill  would exempt marriages of long duration (as  
defined in Family Code Section 4336) from those marriages  
for which a reasonable length of time to attain the goal of  
self-support is one-half the length of the marriage [see  
(g) above].

  Existing law  requires the court, in making an order for  
spousal support, whether for a specific amount or simply to  
reserve jurisdiction over the matter, to issue the  
following admonition (commonly known as the Gavron  
warning):

     "It is the goal of this state that each party shall  
     make reasonable good faith efforts to become  
     self-supporting as provided for in Section 4320.  The  
     failure to make reasonable good faith efforts, may be  
     one of the factors considered by the court as a basis  
                                                             




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     for modifying or terminating support."

  Existing law  provides an exception to this requirement to  
issue the Gavron warning, in cases where the court  
determines that the supported party is unable to make such  
reasonable good faith efforts.

  This bill  would eliminate the requirement for the court to  
issue the Gavron warning in all cases.

                           COMMENT
  
1.   Stated need for the bill  

  The author states the need for the bill as follows:

  "Under current law, which has been in effect briefly, a  
  spouse receiving spousal support is expected to become  
  self-sufficient just as they enter their senior,  
  non-income producing years.  This clearly makes no sense  
  and pushes more women into poverty where they will spend  
  their twilight years fighting to subsist.  It is the  
  intent of AB 391 that we revert to what was the policy of  
  the state for many years and was then confirmed by the  
  California Supreme Court in the case of  In re Marriage of  
  Morrison  (1978).  In  Morrison  , the presumption was that  
  in cases of marriages of long duration you may not set an  
  arbitrary time limit for support."

  As the bill is intended to address the problem of  
  divorcing spouses who are entering their senior,  
  non-income producing years, and the issue of whether or  
  not these spouses ought to get relief from the  
  expectation that they would become self-sufficient after  
  divorce, should the Committee consider whether the bill  
  should be approved in its current broader scope or should  
  be limited in application to women or men who are about  
  to enter their senior, non-income producing years?

2.    State goal of self-sufficiency vs. AB 391 goal of  
self-sufficiency  

  Current law authorizes a court to order spousal support  
  in an amount and for a period of time that the court  
  deems just and reasonable based upon the standard of  
                                                             




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  living established during marriage, based upon factors  
  specified in Family Code Section 4320.

  Under Family Code Section 4320, one of the factors to be  
  considered by a court in determining whether to order  
  spousal support, what level of support and how long such  
  support should be ordered, is the goal that the supported  
  spouse become self-sufficient within a reasonable length  
  of time.  The law is silent as to whether or not the  
  level of "self-sufficiency" that the supported spouse  
  must attempt to reach within a reasonable time is that  
  income which would allow him or her to live according to  
  the standard of living established during the marriage.

  This bill would expressly establish that the goal of  
  self-sufficiency for the supported spouse is that based  
  on the standard of living established during the  
  marriage.  

  Case law, as well as statutory law, consistently  
  recognizes that the marital standard of living is one of  
  many factors to be considered by the court in making an  
  award of spousal support or in modifying or terminating  
  support.   In re Marriage of Smith  (1990) 225 CA 3d 469,  
   In re Marriage of Martin  (App. 2 Dist. 1991) 229 Cal.  
  App. 3d 1196).  This reference to standard of living  
  established during marriage has been used over and over  
  again by cases prior to and after  In re Morrison  (1978)  
  20 C. 3d 437, and all of them use the standard of living  
  concept in the context of the whole issue of support, not  
  in reference to the goal of self-sufficiency. (Cf.   Lopez  
  v. Lopez  (1974) 38 C.A. 3d 93, and  In re Marriage of  
  Heistermann  (App. 4 Dist. 1991) 234 Cal.App. 3d 1195.)


  Retired Appellate Court Judge Donald B. King, a  
  nationally recognized authority on family law, and author  
  of the  California Practice Guide For Family Law  and  
  numerous appellate opinions on family law cases, opposes  
  this bill, specifically this provision of the bill, and  
  writes:

     "The bill also provides the goal of becoming self  
     supporting is to be based on the marital standard of  
     living for the supported spouse.  This is an error  
                                                             




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     which raises a constitutional issue of equal  
     protection since, unlike Family Code Section 4320,  
     where the court must look at the marital standard of  
     living of  both  parties, this change would require the  
     court to look only at the supported spouse's ability  
     to meet the marital standard of living.  Additionally,  
     it conflicts with section 4320 which makes clear that  
     marital standard of living is only one of many factors  
     which the court must consider in ordering spousal  
     support, whereas AB 391 requires the court to only  
     look at whether the supported spouse earns enough to  
     meet the marital standard of living."

  Judge King notes in his letter that AB 391 has no  
  personal effect on his 42-year successful and happy  
  marriage.

  The Family Law Section of the Los Angeles County Bar  
  Association, which is comprised of family lawyers  
  representing all income classes in Los Angeles, also  
  opposes this provision of the bill, and writes:

     "That the court must consider the standard of living  
     in setting spousal support is already in the code in  
     three places: Family Code section 4320(a), (c), and  
     (d).  Adding an additional reference to standard of  
     living would serve no purpose and cause confusion.

     "Before Marriage of Smith (1990) 225 CA 3d 469,  
     litigants sometimes sought to elevate the standard of  
     living criterion to a level of importance above other  
     factors.  The Smith court held that no one factor is  
     more important that [sic] the others.  Adding yet  
     another reference to the marital standard of living  
     will serve only to reintroduce confusion that the  
     Smith court sought to eliminate."

  WOULD THIS PROVISION OF THE BILL REQUIRE THE COURT TO  
  CONSIDER AND RECONCILE CONFLICTING STANDARDS?  SHOULD IT  
  BE DELETED?

  The Coalition for Family Equity, in support of the bill,  
  contends that "Family Court Commissioners are failing to  
  uphold the marital standard of living guideline for  
  setting support awards because they have interpreted that  
                                                             




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  guideline as being in conflict with the goal that all  
  ex-spouses be self supporting."  However, the Coalition  
  offered no evidence or cases indicating that since the  
  enactment in 1996 of SB 509 (which added the self-support  
  goal into the Family Code), that judges and court  
  commissioners have indeed made such interpretations.

3.    Long-term marriages exempted from  
  half-length-of-marriage definition of "reasonable length  
  of time" to become self-sufficient  

  Under existing law, a "reasonable length of time" for a  
  supported spouse to reach the goal of self-sufficiency is  
  defined as generally one-half the length of the marriage.  
   This is not a fixed time period, but is given to the  
  courts as a guideline for determining the appropriate  
  length of time for support.  The same provision [Family  
  Code Section 4320 (k)] contains language that clearly  
  states the court's discretion to shorten or lengthen the  
  time support would be ordered, depending on all of the  
  other factors enumerated in Section 4320.

  This bill would restrict the  
  half-the-length-of-the-marriage guideline to marriages of  
  less than 10 years.

  Proponents contend that exempting long-term marriages  
  from the guideline will ensure that women who devoted  
  many years of their lives (10 years or more) to raising  
  their families and who are now facing not only the trauma  
  of divorce but also the prospect of rejoining the labor  
  force to become self-supporting would not be threatened  
  with a total cut-off of support when the  
  half-the-length-of-marriage period expires.  Other  
  proponents argue that the guideline imposes an arbitrary  
  cut-off date for ending spousal support, and that the  
  statute results in the "termination of support after half  
  the length of the marriage in almost all cases, including  
  long term marriages."

  Opponents, however, state that restricting the guideline  
  to marriages of less than 10 years would unbalance the  
  current state of the law which opponents believe is fair  
  to the supported spouse.  They completely support the  
  Supreme Court's decision in  In re Morrison  , supra, which  
                                                             




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  correctly reversed the trend in the 1970's where courts  
  ordered support insufficient in amount and duration.   
  Opponents believe that  Morrison  has resulted in "greater  
  equity and fairer treatment of displaced homemakers," and  
  that, in combination with the "carefully and guardedly  
  worded" half-the-length-of-the-marriage guideline  
  provided by Family Code Section 4320(k),  Morrison  has  
  given the court discretion to do equity to all displaced  
  homemakers.

  "Giving the court the discretion to take into account in  
  a general way a policy that spouses be self-supporting  
  after a period equal to half the length of the marriage  
  allowed the courts to do justice, to balance legitimate  
  interests of both spouses."  Family Law Section of the  
  Los Angeles County Bar Association.

  The argument over the use of the guideline because it  
  results in an arbitrary cut-off of support when half the  
  length of marriage expires is based on the equally  
  arbitrary definition of a long-term marriage as one of 10  
  years or more in duration.  It would seem that if the  
  goal of the bill is to treat differently women who are  
  past 50, for example (this age was mentioned by several  
  supporters as the age at which women would begin to have  
  problems entering or reentering the job market after  
  leaving a long-term marriage), the exception from any  
  arbitrary cut off date should be changed.  

  This bill would treat 10-year marriages (where the  
  supported spouse could be as young as 30, if married at  
  20) the same way it would treat a 30-year marriage (where  
  the supported spouse could be 50, if married at 20).   
  With the infinite variations of the combination of  
  factors of length of marriage and age at  
  marriage/divorce, it would be impossible not to be  
  arbitrary.  The most apparent solution is to give the  
  court unfettered discretion to weigh all of the factors  
  described in Section 4320 in view of all the  
  circumstances of each case, which it now has under  
  current law.

  Alternatively, if the results of current law are harsh,  
  and the goal is to lessen the trauma to those  
  newly-divorced entering their senior non-income producing  
                                                             




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  years and who have spent a substantial amount of their  
  lives on their domestic duties within the marriage,  
  perhaps a specific exception should be carved out for  
  them.  In fact, some opponents have pointed out that  
  their objections would be tempered by a specific  
  exemption for spouses who are 50 plus years and who are  
  coming out of long-term marriages of substantially more  
  than 10 years from the half-the-length-of-the-marriage  
  guideline.  This, they contend, will reduce the  
  possibility that a young, healthy, able, skilled spouse  
  who was married for 10 years and not one day more before  
  separation would be entitled to collect spousal support  
  for the rest of his lifetime from a highly skilled,  
  high-income producing young woman.

  The California Commission on the Status of Women, writing  
  in support of 
  AB 391, focuses on the plight of the supported spouse,  
  and states that the changes enacted by SB 509 in 1996 are  
  "particularly harmful to older homemakers from long-term  
  marriages?Some of these women are among California's most  
  economically impoverished and consequently would  
  experience undue hardships by these [SB 509] limitations.  
   Imposing an arbitrary cutoff date on support payments is  
  unnecessarily punitive and, in many cases, unrealistic."

  SHOULD THE BILL BE RE-FOCUSED TO CARVE OUT AN EXEMPTION  
  FROM EXISTING LAW FOR LONG-TERM MARRIAGES OF MORE THAN 10  
  YEARS' DURATION, WHERE THE SUPPORTED SPOUSE IS AT LEAST  
  50 YEARS OF AGE?
4.   Statutorily-required Gavron warning would be  
eliminated

   SB 509 (Calderon, Ch. 1163 Stats. 1996) enacted what is  
  commonly known as the Gavron warning.  It is an  
  admonition that the court is required to make, except in  
  limited cases where the court determines the supported  
  party is unable to make the effort, warning both the  
  divorcing spouses that the goal of the state (consistent  
  with Family Code Section 4320) is that each party become  
  self supporting, and that the failure to make reasonable  
  good faith efforts may be a factor considered by the  
  court as a basis for modifying or terminating support.  

  This bill would eliminate this required warning.
                                                             




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  Proponents state that the Gavron warning is a  
  "particularly onerous admonition" which creates a new  
  standard for modification of support (referring to an  
  abrogation of the "change of circumstances" standard),  
  and that the admonition "now permits termination of  
  support based solely on the supported spouse failing to  
  become self-supporting."  However, perhaps because the  
  statute has been in effect just over 30 months,  
  proponents have presented no case where a court has  
  terminated support based solely on a spouse failing to  
  become self-supporting, or that a court has abused its  
  discretion in this manner.  

  Still, California NOW argues, in strong support of the  
  bill, that the [Gavron] admonition "merely serves to  
  threaten and punish women who are already doing  
  everything they can to survive the economic and emotional  
  devastation of divorce.  Studies have shown that divorced  
  women?work as much as they can.  However, women's  
  earnings average approximately 75% of men's earnings, and  
  women 45 to 64 years of age earn only 37% as much as  
  their male counterparts.  Women are at a distinct  
  disadvantage when it comes to supporting themselves and  
  their families."

  Opponents, on the other hand, point to  In re Marriage of  
  Schaffer  (App. 4 Dist. 1999) 69 Cal.App. 4th 801, where  
  the judge ordered support terminated after 15 years and  
  six modification hearings, because the supported spouse  
  (who was 33 at time of divorce), who had a master's  
  degree in marriage, family, and child counseling, was  
  unwilling "to wean herself off spousal support by finding  
  work in an area where she had a decent chance of finding  
  work."  In that case, the court noted that "California  
  law builds in the necessary flexibility to accommodate  
  changing circumstances over time in the context of  
  spousal support by allowing modification proceedings,"  
  and that "a supported spouse cannot make unwise decisions  
  which have the effect of preventing him or her from  
  becoming self-supporting and expect the supporting spouse  
  to pick up the tab."  Even in this case, opponents say,  
  the court did not abuse its discretion in terminating  
  support, because there were many other factors that were  
  considered in addition to the failure to become  
                                                             




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  self-supporting.

  Retired Appellate Court Judge Donald B. King also opposes  
  the elimination of the Gavron warning:

     "The provisions of the bill which deletes the language  
     of Family Code section 4330(b), the "Gavron Warning,"  
     accomplishes nothing since the Gavron case is still  
     good law and binding on the judges.  This warning is a  
     protection to supported spouses who may be unaware of  
     California's long standing policy that, absent good  
     cause, supported spouses have the duty to use  
     reasonable efforts to become self supporting.  Present  
     law does not require the Gavron warning where the  
     judge believes the supported spouse is unable to  
     become self supporting and this would cover most, if  
     not all of the long term marriages with which the  
     author has concern."

  SHOULD THE REPEAL OF THE REQUIRED WARNING BE LIMITED TO  
  CASES ENDING MARRIAGES WHERE THE SUPPORTED SPOUSE IS OVER  
  50 YEARS OF AGE?

  Family Code Section 4336 was enacted in 1992, four years  
  before the Gavron warning was statutorily required by SB  
  509.  This section established that except on written  
  agreement to the contrary or a court order terminating  
  support, the court retains jurisdiction over a  
  dissolution of marriage or legal separation indefinitely,  
  where the marriage is of long duration.  The statute  
  creates a presumption affecting the burden of producing  
  evidence that a marriage of 10 years or more is a  
  marriage of long duration.

  Since this bill would repeal the required Gavron warning  
  and excuse long-term marriages from the goal of  
  self-sufficiency by half-the-length-of-marriage  
  guideline, opponents have suggested redefining "long term  
  marriage" to a marriage of much longer duration than 10  
  years.

  SHOULD THE REPEAL OF THE REQUIRED WARNING BE LIMITED TO  
  CASES ENDING MARRIAGES OF 20 OR 30 YEARS' DURATION  
  INSTEAD?

                                                             




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  The State Bar Family Law Section, as well as the Family  
  Law Section of the Los Angeles County Bar Association,  
  also oppose the deletion of the Gavron warning from the  
  Family Code.  The latter writes:

     "The requirement of the Gavron warning in Family Code  
     Section 4330(b) was enacted for good reasons and  
     should not be repealed.  After trial, courts almost  
     always give the warning.  But most cases are settled,  
     and promoting settlement is a policy of the law.   
     Before the enactment of Section 4330(b), the inclusion  
     of a Gavron warning in a negotiated settlement was  
     often the subject of intense debate, with the  
     potential of becoming a deal breaker, and the cause of  
     more expense and discord for the parties.  Even where  
     the warning has been given, there will be  
     circumstances in which the expectation that the  
     supported spouse become self-supporting was not  
     justified.  In those cases, the code already instructs  
     the court not to use the Gavron warning to cut off  
     support.  Deleting the Gavron warning nourishes a  
     culture of victimhood, not a culture of  
     self-improvement, and not a culture of meeting the  
     legitimate needs of a supported spouse who acts  
     responsibly."

5.   Opponents claim compound effect would make law  
inequitable  

  In combination, some opponents contend, the three changes  
  this bill would make to existing law would wreak havoc  
  with judgments and marital settlement agreements where  
  spousal support could potentially be awarded or remain  
  unmodified for the lifetime of the supported spouse, at a  
  standard established during marriage when the supporting  
  spouse was able to earn a high income.  

  As an example, one opponent points to the inequity the  
  bill would yield if a couple where the supporting spouse  
  earned $500,000 a year during the last few years of a  
  10-year marriage, and the highly educated supported  
  spouse was only 31 at the time of divorce.  Because the  
  goal of self-support would be tied to the standard of  
  living established during marriage, the long-term  
  marriage would be exempt from the  
                                                             




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  half-the-length-of-marriage guideline, and the court not  
  now being required to admonish the supported spouse that  
  failure to exert good faith efforts to become self  
  supporting may be considered by the court in terminating  
  or modifying the support order, the supported spouse  
  could continue to receive a hefty spousal support payment  
  without seeking employment for as long as the supporting  
  spouse can earn $500,000 a year, and potentially far in  
  excess of the period of the dissolved marriage.  These  
  opponents contend that no public policy interests are  
  served by requiring a supporting party to pay lifetime  
  support to the supported party simply because the  
                                                                            supporting party has the financial ability to do so.

6.    General comments from supporters

   This bill is sponsored by the Coalition For Family  
  Equity, a group comprised of more than 20 women's  
  organizations throughout the state, including California  
  NOW, the California Commission on the Status of Women,  
  American Association of University Women, Federation of  
  Business and Professional Women, The Los Angeles League  
  of Women Voters, California Women Lawyers, National  
  Council of Jewish Women /LosAngeles, and others.  Their  
  statements have been incorporated in the comments above,  
  but in addition, the following are noteworthy:
  "Present law which uses the  
  self-support-within-half-the-length-of-the-marriage  
  guideline and the requirement that judges admonish  
  spouses that they are required to make a  'good faith'  
  effort to become self-supporting regardless of the  
  standard of living achieved during the marriage, pose a  
  severe economic danger to older homemakers and to women  
  with dependent children in their care. 

  "AB 391 brings the new self-support goal into conformity  
  with portions of existing law which recognize the value  
  to the community of long term marriages and the need for  
  equitable redistribution of assets and income following  
  divorce so that homemakers, older women and mothers with  
  dependent children do not carry more than a fair share of  
  the economic burden."  American Association of University  
  Women.  

   "AB 391 is especially important as it applies to the wife  
                                                             




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  in the long term marriage of a relatively affluent  
  couple.  A certain standard of living has been set.   
  Should the divorced woman, who may not want the divorce,  
  be forced to live at a much lower standard of living  
  because her spouse chooses to divorce her?  Should she be  
  threatened with being cut off from spousal support after  
  this long term marriage?  In her way she has usually made  
  significant contributions to the marital standard of  
  living of the couple.  This must be recognized in the  
  divorce settlement.

  "The inclusion of the judicial admonition to the woman to  
  find employment regardless of her age or other  
  circumstances is unreasonable.  A woman past fifty begins  
  to have trouble entering the job market.  Her old job  
  skills, if she had any, are probably no longer applicable  
  in the present job market.  There is little question of  
  the practice of age discrimination in hiring.  In  
  addition, some older women may have physical or mental  
  problems which hamper employment.  This bill would not  
  discourage women from working.  Most women are better off  
  when they are able to be self-supporting, but this is  
  often not easily accomplished."  Older Women's League of  
  California.

7.    General comments from opponents

   The Coalition of Parent Support, in opposing this bill,  
  writes:

  "Spousal support is intended to rehabilitate former  
  spouses who have dedicated a portion of their lives to  
  non-income producing activities connected with the  
  couple's mutual desire to raise children.  Thus it is  
  appropriately conditioned upon the recipient's good-faith  
  efforts to achieve self-sufficiency, and appropriately  
  time-limited.  It is not appropriate to erase these  
  conditions unless we are willing to examine the entire  
  nature of marital fault, and the status of women in  
  modern society.

  [AB 391] appears to emanate from the assumption that  
  women are less capable of making informed lifestyle  
  choices than men.  We reject this thinking, and would  
  urge you consider the damage that its message does to  
                                                             




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  women struggling to break through such glass ceilings as  
  may still exist in our society."

  Over 75 letters from individuals with a variety of  
  occupations were received by the Committee.  One such  
  letter states:

  "In my judgment, spousal support represents a "crutch";  
  often an essential crutch, but a crutch nevertheless.  It  
  is always preferable for an adult to stand on his or her  
  own two feet, whether physically or financially.   
  Feelings of independence and self worth require that.  At  
  the same time, crutches are necessary for those who are  
  unable to do so, and again that applies both physically  
  and financially.  Furthermore, just as it is wrong to  
  withhold a crutch from someone who really needs it, it is  
  equally wrong to permit someone to rely on a crutch  
  longer than he or she needs to.  The goal in both areas  
  is to ensure that crutches are available when needed, but  
  also that they are not relied upon any longer than  
  necessary.

  "Just as in the case of a physical crutch, the decision  
  to provide a financial crutch requires a balancing of  
  these opposing considerations.  I am sure you [referring  
  to the author] have struggled with this balancing act  
  when [the author] drafted AB 391.  Unfortunately, I feel  
  that [the author has] drawn the line too far in one  
  direction?I strongly oppose this bill, not because  
  spousal support is not needed in many situations, but  
  rather because an unbalanced result will only damage both  
  the recipient and the payor." William Comanor, former  
  Chair of the Department of Economics, UC Santa Barbara.

7.    Bill should be prospective only  

  Because of the sweeping changes this bill would make in  
  current law, it should be made prospective in effect  
  only, applying to marriages dissolved or legal  
  separations after January 1, 2000.  If not made  
  prospective in effect only, the various provisions of the  
  bill could result in extended litigation, continuing  
  disputes and reinterpretation of settlement agreements  
  that are thought to have adjudicated spousal support  
  issues.  In fact, one opponent called the bill a "full  
                                                             




AB 391 (Jackson)
Page 16



  employment bill for family lawyers."  Making the bill  
  prospective will reduce opportunity for unnecessary  
  litigation.

  SHOULD THIS BILL APPLY ONLY TO MARRIAGES DISSOLVED OR TO  
  LEGAL SEPARATIONS AFTER JANUARY 1, 2000?


Support: Women Lawyers' Alliance; Queen's Bench; California  
       Commission on the Status of Women; American  
       Association of University Women; California NOW;  
       Older Women's League of California; Women For:; CJA;  
       National Council of Jewish Women; Business and  
       Professional Women, California Federation

Opposition: Family Law Section, Los Angeles County Bar  
         Association; Coalition of Parent Support; Alliance  
         for Non-Custodial Parents' Rights; former  
         Appellate Court Judge Donald B. King;  
         approximately 75 individuals


                           HISTORY
 
Source: Coalition for Family Equity

Related Pending Legislation:  None Known

Prior Legislation: AB 400 (Kuehl, 1997), vetoed by  
then-Governor Wilson
               SB 509 (Calderon, Ch. 1163 Stats 1996) 

Prior Vote:    Assembly Judiciary (Ayes 10. Noes 4.)
          Assembly Floor (Ayes 43. Noes 30.)


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