You may have heard people who are divorcing very wealthy spouses say – seriously or half-jokingly – that they have a right to continue to live in the style to which they’ve become accustomed. Do you, in fact, have a right to maintain your marital standard of living after divorce?
You don’t have to be used to the lifestyle provided by a spouse’s multimillion-dollar annual income to be entitled to seek a property division agreement and spousal support order that prevents you from experiencing a serious drop in your standard of living. Even with the 50-50 split of marital assets required by California’s community property law, that could potentially happen.
If you’re unable to attain anything close to your soon-to-be ex’s income because you’ve been out of the workplace raising the children, for example, seeking to maintain the marital standard of living after divorce can be a valid goal. A court would also consider how much the higher-earning spouse can afford to pay in alimony without harming their own post-divorce standard of living.
How is alimony determined under California law?
One of the factors judges can consider when determining spousal support is the “extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage.” Other factors include the duration of the marriage, the age, health and earning potential of both spouses and 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.”
Often, for example, one spouse will work to support the couple while the other is getting a medical degree or maybe starting a business – sometimes setting aside their own goal of obtaining a graduate degree or pursuing a career that might require significant travel or other sacrifices. Some people are just in a profession that pays extremely well if they’re fortunate enough to find success there, and a spouse who’s not in that profession simply can’t make anywhere near that much.
If you’re seeking spousal support that will allow you to maintain your marital standard of living – or at least something close to it – it’s important to remember that your spouse may not agree to that. This means you’ll have to present your case to the court. With experienced legal guidance, you can build a solid case that will help provide you with financial security after divorce.
