How does your previous standard of living affect spousal support in a Carlsbad divorce case? How will the standard of living be determined in your case?
The standard of living enjoyed by the couple during the course of their marriage is one of the key factors when determining the need for and potential amount of spousal support. The general idea is to balance the standard of living for each party after the divorce based upon the reality of existing income levels and the ability to earn an income in the future may be quite different for each party.
One method of determining the standard of living would be to calculate the net income of each party over a period of time, such as the three years before the divorce. The income would be analyzed to determine the amount of income coming into the household monthly prior to the divorce, as well as the amount necessary to provide a more level playing field for each party after the divorce is finalized.
Another option is to review expenditures in the same manner. This would include non-recurring expenses such as vacations, car repairs and other one-time purchases. The total expenditures divided by two might provide the standard of living enjoyed by each party.
How about the family home? Is it a large home with many bedrooms and square footage? Did the couple have children and where are the children going to live in relationship to each parent after the divorce is finalized? If all the children are grown and moved out it may not be necessary to base the standard of living on a 6,000 square foot home with 5 bedrooms.
Will your previous standard of living affect spousal support in your case? The standard of living is only one of the factors which go into the consideration of spousal support. The division of community property, the existence of a business or professional practice, the length of the marriage and the support one spouse provided to the other during the course of the marriage to forego a career to raise children or to support the other while they sought an advanced degree should all be taken into consideration.
The experienced Certified Family Law Specialists at Burke & Domercq have decades of experience in Carlsbad Encinitas and Oceanside divorce cases. We invite you to review the recommendations of the legal industry as well as the reviews of our former clients and contact us or call 760-434-3330 to schedule an appointment.