In Re the Marriage of Smith

In this case we hold that before a motion for upward modification of spousal support can be considered the moving party must prove that the prior order, when made, was insufficient to meet his or her reasonable needs as measured by the applicable guidelines set forth in Civil Code section 4801, subdivision (a), or that the reasonable cost of satisfying those needs has increased. If this is shown, the moving party must then prove the obligor’s ability to pay increased spousal support.

We also hold that the marital standard of living is to be weighed under the circumstances of the case along with all other applicable factors contained in Civil Code section 4801, subdivision (a), in reaching a fair and reasonable result on the issue of spousal support. We hold that the marital standard of living is intended by the Legislature to mean the general station in life enjoyed by the parties during their marriage. The Legislature did not intend it to be a precise mathematical calculation, but rather a general reference point for the trial court in deciding this issue.

The trial court possesses broad discretion in determining the issue of spousal support but must exercise…

I concur in the result.

A petition for a rehearing was denied December 19, 1990, and the opinion was modified to read as printed above.

In this case we hold that before a motion for upward modification of spousal support can be considered the moving party must prove that the prior order, when made, was insufficient to meet his or her reasonable needs as measured by the applicable guidelines set forth in Civil Code section 4801, subdivision (a), or that the reasonable cost of satisfying those needs has increased. If this is shown, the moving party must then prove the obligor's ability to pay increased spousal support.

We also hold that the marital standard of living is to be weighed under the circumstances of the case along with all other applicable factors contained in Civil Code section 4801, subdivision (a), in reaching a fair and reasonable result on the issue of spousal support. We hold that the marital standard of living is intended by the Legislature to mean the general station in life enjoyed by the parties during their marriage. The Legislature did not intend it to be a precise mathematical calculation, but rather a general reference point for the trial court in deciding this issue.

The trial court possesses broad discretion in determining the issue of spousal support but must exercise…