One of the factors that California law allows judges to consider when ordering one spouse to pay alimony to the other as they divorce is their marital standard of living. That means they can order the higher-earning spouse to pay enough alimony (spousal support) to help their ex maintain something close to the lifestyle they became accustomed to during the marriage without significantly diminishing their own standard of living as a result.
This can be particularly crucial when the lesser-earning or non-earning spouse doesn’t have the earning capacity required to maintain that lifestyle (or even support themselves) – at least for some time. It’s often a consideration when couples divorce after many years of marriage and age and/or health challenges prevent one spouse from adequately supporting themselves.
If the lesser-earning spouse was in part responsible for the other’s success (for example, by working to support the other through graduate or professional school or while they built a business) or by taking on the bulk of the parenting responsibilities throughout the marriage, that can be a significant determinant in awarding spousal support.
How is the marital standard of living determined?
California courts can look at a multitude of factors when determining a couple’s marital standard of living. These include:
- Homes and other properties owned
- Vehicles and other large assets (like art and jewelry) owned
- What kind of vacations the couple/family took
- Charitable contributions
- Memberships in country clubs, tennis clubs, yacht clubs and similar organizations.
What if the standard of living was an illusion?
Of course, couples may have a standard of living that’s built on a mountain of debt. That too often is revealed as financial documents are presented in divorce – sometimes to the surprise of one spouse.
If the marital standard of living was an illusion, the lesser-earning spouse can’t expect to get the support they would need to maintain it. However, if one person was responsible for accumulating the debt (through loans and credit cards, for example) without informing their spouse, they will likely be the one responsible for repaying it.
It’s important for divorcing spouses seeking alimony, as well as for those who are being asked to pay alimony, to understand the role that their marital standard of living plays – as well as all the other factors that can be considered. Getting sound legal guidance as early as possible is a crucial first step in protecting your rights and your future.
