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What is the marital standard of living in California?

On Behalf of | Aug 30, 2023 | Child Support, Divorce, Property Division, Spousal Support

The marital standard of living is the lifestyle you and your spouse established and enjoyed during your marriage. It comprises your shared marital expenses and current financial standing while married to your spouse. California law includes a marital standard of living when making spousal support determinations so that a divorce will not wholly and adversely affect the spouse who is not a primary breadwinner.

Can you maintain the same standard of living after a divorce?

In a high-asset divorce, it is generally unrealistic to continue living the same lifestyle, especially when you had the luxury of a dual-income household. It becomes challenging for one person to maintain an extravagant marital home. However, suppose your spouse has a substantially larger income. In that case, the court may award spousal support at an amount that can allow both parties to maintain the marital standard of living to a reasonable extent. Other factors that can affect the amount and duration of the spousal support include:

  • The length of the marriage
  • If either spouse took on a domestic role to support the other spouse’s career

The court aims to preserve consistency and stability after a divorce. Therefore, it will strive toward an equitable division of marital assets that should allow both parties to remain in a financial position proportionate to the one they would have had if they had not gone through a divorce.

What if there are children involved?

The children are always entitled to continue living the present standard they experienced before their parents divorced. A reasonable or feasible marital standard does not limit child support.

You deserve financial security, and so do your kids. A divorce should not change your lifestyle when there are substantial financial resources that can support it.