When a couple divorces after many years of marriage, they have likely settled into a marital standard of living that they’re both used to. It doesn’t have to be great wealth. It can be a solidly middle-class standard where they don’t have to worry about making ends meet, but they don’t make regular extravagant purchases.
Sometimes, that standard of living is possible because both spouses have successful careers. In other cases, it’s possible because one spouse has a very high salary, has built a successful business or controls valuable intellectual property (IP).
If the couple can live comfortably on one spouse’s income, the other spouse may have chosen to devote their time to raising the children, doing non-profit or community work or pursuing a hobby they hope to one day turn into a business.
Does that lesser- or non-earning spouse who may not have the earning potential of their soon-to-be ex have the right to receive the alimony they need to maintain their marital standard of living after divorce?
How is this standard of living determined?
The marital standard of living generally is determined by things like:
- Homes and other properties
- Vehicles and other valuable assets
- Vacations and other travel
- Charitable contributions
- Memberships in clubs and other social organizations
Under California law, judges can consider the marital standard of living when ordering one spouse to pay alimony to the other and the “extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage.” That means they can order the higher-earning spouse to pay the alimony necessary to help their ex maintain that standard as long as it doesn’t prevent them from doing the same.
diminishing their own standard of living as a result.
What factors do judges consider in determining alimony?
In addition to the lesser-earning spouse’s earning potential, judges typically look at the duration of the marriage, how much the lesser-earning spouse contributed to their husband’s or wife’s success and what contributions they made to the home and family.
Whichever side of the alimony equation a divorcing spouse is on, it’s crucial for them to understand the law and to present the strongest possible case for the outcome they’re seeking. Getting experienced legal guidance early in the divorce process can make all the difference.