How do courts review spousal support orders for abuse of discretion?

California, United States of America


The following excerpt is from Miller v. Miller (In re Marriage of Miller), E067923 (Cal. App. 2019):

We review the court's spousal support order for abuse of discretion. (In re Marriage of Morrison (1978) 20 Cal.3d 437, 454.) We presume that an order or judgment is correct, and the appellant bears the burden of establishing an abuse of discretion. (Chalmers v. Hirschkop (2013) 213 Cal.App.4th 289, 299.) The appellant must also establish that the claimed abuse of discretion was prejudicial. (In re Marriage of McLaughlin (2000) 82 Cal.App.4th 327, 337.)

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