In Re Marriage of Prietsch & Calhoun

*653 Opinion

In this case we hold that after a lengthy marriage it is reversible error (1) to modify and terminate spousal support when the income and expenses of the supporting spouse have not changed since the prior order and the needs of the supported spouse continue to outweigh her ability to support herself; (2) to order a substantive stepdown of future spousal support when no evidence has been presented and no determination made by the court that the supported spouse will become more able to meet her financial needs in the future; or, (3) even if the evidence could somehow support a termination of spousal support nine years in the future, for the trial court to give the supporting spouse, without the consent of the supported spouse, the option to pay a lump-sum amount equal to the present value of future payments and obtain an immediate termination of the court’s jurisdiction over the issue of future spousal support.

Jeannette Prietsch appeals from an order granting J. Bryant Calhoun’s motion to modify and terminate spousal support. She contends the court committed reversible error (1) by ordering a termination of jurisdiction over spousal support nine years in the future,…

I respectfully dissent. The trial court has broad discretion in setting spousal support. (In re Marriage of Morrison (1978) 20 Cal.3d 437, 454 [ 143 Cal.Rptr. 139 , 573 P.2d 41 ]; In re Marriage of Slater (1979) 100 Cal.App.3d 241, 249 [ 160 Cal.Rptr. 686 ]; Civ. Code, §4801.) Thus, in reviewing a spousal support order pursuant to a claim of error, our standard is whether the trial court abused its discretion. In Morrison, our Supreme Court held that trial courts should not terminate jurisdiction over spousal support following dissolution of a lengthy marriage “unless the record clearly indicates that the supported spouse will be able to adequately meet his or her financial needs at the time selected for termination of jurisdiction.” ( 20 Cal.3d at p. 453 .) The Supreme Court did not require that jurisdiction always be maintained, but merely announced standards for trial courts in making their determination. (Ibid.) So long as these standards are observed, trial courts are operating within their discretion.

There is some difficulty in reviewing the challenged support order herein due to the manner in which the parties presented the case below, thereby *668 confusing the…

In this case we hold that after a lengthy marriage it is reversible error (1) to modify and terminate spousal support when the income and expenses of the supporting spouse have not changed since the prior order and the needs of the supported spouse continue to outweigh her ability to support herself; (2) to order a substantive stepdown of future spousal support when no evidence has been presented and no determination made by the court that the supported spouse will become more able to meet her financial needs in the future; or, (3) even if the evidence could somehow support a termination of spousal support nine years in the future, for the trial court to give the supporting spouse, without the consent of the supported spouse, the option to pay a lump-sum amount equal to the present value of future payments and obtain an immediate termination of the court's jurisdiction over the issue of future spousal support.

Jeannette Prietsch appeals from an order granting J. Bryant Calhoun's motion to modify and terminate spousal support. She contends the court committed reversible error (1) by ordering a termination of jurisdiction over spousal support nine years in the…