CALIFORNIA FAMILY LAW
...Spousal Support
......Amount
.........Factors Considered
............Assets of Supported Spouse
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When making spousal support award, court must consider all assets of supported spouse.

Spousal support prohibited when no children and supported spouse has sufficient income or assets for proper support.

W can be forced to change her investment strategy to provide greater income; Fam. Code §4322 applies.

Failure of supported spouse to invest prudently own substantial assets may be grounds for termination of spousal support.

Equity in residence may be considered as available for supported spouse's support once children become adults.

W entitled to live at marital standard of living, buy replacement residence and save for retirement. Look to actual, not theoretical, rate of return from her investments.

$3,500/mo to W with $3 million assets affirmed because income generated by assets insufficient to maintain standard of living. W hadn't had opportunity to invest.

Amount of spousal support should be set after considering division of c/p.

Supported spouse not required to live from capital if income insufficient.

W cannot take high value, nonincome-producing assets then require H to make higher spousal support payments.

Award of substantial c/p can remove or reduce obligation to pay spousal support.

Interest and principal payments from promissory note equalizing c/p division considered available for support.

Order that W support herself out of her share of c/p affirmed.

Assets of supported spouse discussed as factor in awarding spousal support.