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Example trial issue: spousal support

If you’re going to trial about spousal support, you must be ready to explain:

  • What you’re asking for

  • Why the law supports your request

  • What evidence proves your position

Spousal support trials can be complex. If long-term support is important to your financial future, you may want to talk to a lawyer.

 

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What the judge decides about spousal support

At trial, the judge decides:

  • How much support will be paid

  • How long support will last

  • Whether support will change over time

  • When support will end

The judge makes these decisions based on:

  • The law

  • The evidence you and your spouse present

To get ready, you need to understand both.

What the law says about spousal support

In California, the judge must look at many factors. These are listed in California Family Code section 4320 (This law is written for lawyers and may be hard to understand).

Some of the factors are:

  • Age and health of each spouse

  • Length of the marriage

  • Income and ability to earn money

  • Property and debts

  • Whether one spouse helped the other go to school or build a career

Some factors can be harder to explain, such as:

  • The lifestyle you had while married (called marital standard of living)

  • One spouse’s need for support

  • The other spouse’s ability to pay

Once you understand what the judge must consider, you can decide what evidence you need to support your side.

What evidence you may need 

At trial, you must present evidence.

Evidence can include:

  • Papers and records

  • Financial documents

  • Witness testimony

Testimony means someone answers questions in court under oath.

The judge will only consider evidence that is relevant. Relevant means it helps the judge decide about spousal support.

Examples: Using evidence to prove your side on spousal support

Spousal support is a complex issue. What type of evidence you need to show depends on your situation.

  • Example 1

    Evidence to show marital standard of living

    You may use:

    • Credit card statements showing vacations or dining out

    • Tax returns

    • Bank statements

    • Testimony about how you spend money

  • Example 2

    Evidence to show ability to pay

    You may use:

    • Pay stubs
    • Investment income statements
    • Bank statements
    • Business income records

📌 Ask yourself: What does the judge need to see to understand the money in this case?

How to get evidence before trial

As you get ready for trial:

  • Write down the evidence you need

  • Make a plan to get it

  • Keep it organized

If you don’t have the evidence, you can use a court process called discovery to ask the other side for documents or information.

Learn how to use discovery to get evidence

Get help

This page is only a starting point. Preparing for a spousal support trial takes time, research, and planning.

You don’t have to do it alone.

You can:

Even if a lawyer doesn’t represent you at trial, they can still help you understand the law and organize your evidence.

Getting help can make you feel more confident and prepared.

Key takeaways

  • The judge must follow the law when deciding spousal support.

  • You must present evidence to support your position.

  • Financial records and testimony are often important.

  • Understanding the law helps you know what evidence you need.

  • You can get help from a law library, self-help center, or lawyer.

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