What is the test for determining the amount of spousal support awarded on appeal?

California, United States of America


The following excerpt is from Marriage of Aufmuth, In re, 152 Cal.Rptr. 668, 89 Cal.App.3d 446 (Cal. App. 1979):

In fixing the amount of spousal support to be awarded upon dissolution of marriage, broad discretion is vested in the trial court (In re Marriage of Morrison (1978) 20 Cal.3d 437, 454, 143 Cal.Rptr. 139, 573 P.2d 41), "and thus an appellate court must act with cautious judicial restraint, even though the particular award might appear on appeal to be modest or generous under the particular circumstances." (In re Marriage of Lopez (1974) 38 Cal.App.3d 93, 114, 113 Cal.Rptr. 58, 71.) However, the discretion of the trial court is not unlimited. "(I)t must be exercised along legal lines, taking into consideration the circumstances of the parties, their necessities, and the financial ability of the husband." (Brawman v. Brawman (1962) 199 Cal.App.2d 876, 879-880, 19 Cal.Rptr. 106, 108.) 2 An abuse

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