Understanding the Marital Standard of Living and its Impact on Long-Term Spousal Support

Determining the appropriate amount of long-term spousal support can be a complex process. California law requires the court to consider the marital standard of living when making decisions regarding support obligations. Let's explore the key points about the marital standard of living and its role in spousal support determinations.

1. Marital Standard of Living: A Benchmark for Support

When awarding long-term spousal support, the court must consider the standard of living established during the marriage. The marital standard of living serves as a reference point, alongside other factors outlined in California Family Code §4320, to reach a fair and reasonable support outcome.

2. Flexibility in Support Amounts

The court has the discretion to set spousal support at an amount greater than, equal to, or less than what is required to maintain the marital standard of living. This flexibility allows for a comprehensive evaluation of the unique circumstances of each case. The court considers factors such as the length of the marriage, financial resources of each spouse, earning capacity, and the needs of the supported spouse.

3. Length of Marriage and Marital Standard of Living

The weight given to the marital standard of living varies depending on the length of the marriage. In shorter marriages where the standard was primarily determined by the supporting spouse's separate property assets, the consideration of the marital standard of living may carry less significance compared to a long-term marriage where the couple built a shared standard of living.

4. Actual Expenditures vs. Income

The determination of the marital standard of living is generally based on the actual expenditures made during the marriage. However, in some cases, focusing solely on expenditures may not be appropriate, especially if the parties lived beyond their means. In such situations, the court may consider the parties' income or other relevant factors to establish a reasonable standard.

5. Impact of Education, Savings, and Investments

The marital standard of living can be affected by deliberate choices made during the marriage. For example, if one spouse pursued a professional education that is expected to yield higher earnings in the future, the court may consider the impact of the spouse's absence from the workforce. Similarly, if the parties chose to live modestly and prioritize savings or investments, the marital standard of living may reflect that lifestyle.

6. Support Entitlement and Postseparation Income

Spousal support based on the marital standard of living aims to provide financial support consistent with the preseparation lifestyle, rather than equalizing postseparation income. The supported spouse is entitled to a support award that aligns with the couple's preseparation standard of living, while the postseparation standard of living of the supporting spouse is not a determining factor.

7. Factual Findings by the Court

The court is required to make specific factual findings regarding the marital standard of living, regardless of whether it is explicitly requested. This ensures that the court's decision regarding spousal support is well-grounded and supported by a thorough understanding of the parties' preseparation lifestyle.

Understanding the marital standard of living and its role in long-term spousal support can help individuals navigate the complexities of divorce proceedings. Seeking guidance from a family law attorney is crucial to ensure that your rights and interests are protected throughout the process.