In Re Marriage of Stephenson

Following the dissolution of their 31-year marriage, Norlene Stephenson appeals that portion of an order reducing spousal support from $1,500 to $345 because of a change in circumstances arising from Leslie Stephenson’s election to take an early retirement at age 59. She contends Leslie’s decision to retire early from his $75,000-a-year job constituted a voluntary and deliberate attempt to reduce or extinguish his spousal support obligation, requiring the trial court to consider his earning capacity in evaluating his request for termination or modification of support. Moreover, she contends former Civil Code section 4801, subdivision (a) (repealed by Stats. 1992, ch. 162; now Fam. Code, § 4320) was improperly applied to the facts and that, in any event, Leslie has failed to adequately prove there was a change in circumstances justifying modification of support at the time the request was made. As we shall explain, we conclude the nature of the cessation of employment, be it retirement, quitting or layoff, or whether voluntary or involuntary in character, is irrelevant when it comes to the trial court’s duty to consider statutory criteria before determining support…