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How can one’s “marital standard of living” affect spousal support?

On Behalf of | Oct 17, 2024 | Divorce |

When it comes to how a court determines the amount of alimony (spousal support) one spouse has to pay the other after divorce, California law mentions the “standard of living established during the marriage” more than once. In many cases, neither party is able to fully maintain that standard of living after separation and divorce simply because it’s more expensive to live separately than together.

That marital standard of living, however, is among the factors that judges are required to consider when determining whether spousal support is warranted – and if so, how much. Other factors include the income, earning potential, age and health of both parties as well as the duration of the marriage.

What about contributing to a spouse’s success?

Another factor for many divorcing couples is the “extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.” Maybe one spouse put their own graduate education on hold so they could work to support the couple while the other spouse went to medical school.

They never got that graduate degree because the couple then became parents, and that spouse devoted most of their time to caring for the kids while their spouse built a very lucrative medical practice. That has allowed them to maintain a very comfortable lifestyle that the other spouse couldn’t possibly come close to maintaining on their own salary – assuming they even went back to work.

The importance of building a solid case

What’s important to know, regardless of the specific circumstances, is that divorcing Californians do have a right to seek enough spousal support to better maintain their marital standard of living if their spouse can reasonably afford to facilitate this goal. It’s critical, however, to be able to make a solid case for the amount of support being sought – and for an overall divorce settlement that’s fair. Too often, a lesser-earning spouse is left with less than they’re entitled to retain.

Ultimately, getting a fair support order requires research into a spouse’s income and assets (and possibly even searching for hidden assets) to build a solid case. In some cases, things can be evened about with spousal support as well as additional assets in a property division settlement. This all takes time and effort as well as experience in building a case. That’s where having sound legal guidance can make all the difference.