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Maintaining the marital standard of living with spousal support

On Behalf of | Nov 11, 2021 | Divorce, Spousal Support

There are many issues in a California divorce that can sow the seeds for disagreement. Among the most emotional are child custody and child support. Other issues can lead to rancor and acrimony. One that frequently arises is spousal support. This is also referred to as alimony. A fundamental aspect of spousal support is to maintain the standard of living the couple had during the marriage. Under state law, this will be considered when the support order is made.

What is factored in with maintaining the marital lifestyle?

The court will gauge the key factors with the support determination. Each party will have a certain earning capacity. The court will look at the marketable skills of the party who is receiving support; if there is a job market for them; how much time it will take for that person to accrue the skills necessary or be educated to increase their earning power; and if they need to be trained or educated to gain other skills that are more applicable to the current job market. The person who is set to receive support might also have been unemployed for a certain duration to oversee domestic responsibilities while the other spouse went to school, was trained or worked. The supported person could also have contributed to the spouse gaining the advanced skills to earn a living.

The supporting party’s circumstances are also critical. Their earning capacity and assets are looked at. This will include separate property, assets and debts. The court will consider the length of the marriage. If it was a short marriage, there is less of a chance there will be extended support than for a longer marriage, but the cases are judged individually. Age, health, if there are children from the marriage and if there is a history of domestic abuse are other elements.

Maintaining the marital lifestyle after divorce may require professional help

These challenges frequently arise in divorce situations in which the couple was considered wealthy with vast assets, a business, real estate, automobiles, collectibles and more. However, disputes over spousal support and maintaining a marital lifestyle are not limited to that. To achieve a reasonable solution whether it is from the perspective of the paying spouse or the receiving spouse, having professional assistance is essential. Consulting with those experienced in these cases can help to achieve a positive outcome through negotiation or a court case.