How Your Marital Standard of Living Could Affect Your Divorce

Divorce comes with a lot of changes for the parties involved. One of the biggest is often a reduction in income for each member of the family, as both spouses extricate themselves from each other’s finances. This can often leave the lesser earning spouse concerned about how they will make ends meet or whether they will be able to enjoy the same kind of lifestyle as they did when they were married. The latter is known as a marital standard of living and it often comes into play when determining alimony.

What is the Marital Standard of Living? 

“Marital standard of living” is a term used by family law courts when referring to the degree of comfort that a couple enjoyed during their marriage and includes everything from the value of the home the couple lived in to the vacations they took. A couple’s standard of living during their marriage will become a relevant concern when one spouse makes significantly more than the other. In these cases, it may be impossible for that person to retain the same standard of living that he or she enjoyed during the marriage without the help of the other spouse in the form of alimony. Establishing a couple’s standard of living is a big part of determining how much a higher earning spouse should pay in alimony to a lesser earning spouse after divorce.

Why Marital Standard of Living is Important

 It’s almost unavoidable that a couple going from a two income household to a one income household will encounter major financial changes after divorce. Establishing the marital standard of living during the proceedings, however, is one way to help keep post-divorce upheaval to a minimum. It’s important to remember that alimony is intended first and foremost to ensure that a lesser earning spouse’s basic financial needs are met. This means that if a couple were living well above their means during their major and went into debt as a result, the court will not require a higher earning spouse to pay alimony that allows a lesser earning spouse to retain the same standard of living. This is known as an artificial standard of living and courts don’t force divorcing parties to go further into debt to continue to finance that lifestyle.

How to Establish Marital Standard of Living 

To establish marital standard of living, couples should start by listing their monthly income and expenses as a couple. This includes necessary expenses, like rent and mortgage payments, utilities, and childcare, as well as other purchases related to entertainment, recreational activities, and vacations. The court will then assess those expenses to determine which ones are reasonable and then based on that assessment, will establish the marital standard of living and the amount of spousal support necessary to maintain it.

Call Today for Help with Your Florida Divorce 

To learn more about how your marital standard of living could affect your post-divorce financial situation, please call the experienced Clearwater alimony lawyers at Cairns Law today. We are available for both evening and weekend appointments.

Sources:

 leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

forbes.com/sites/forbesfinancecouncil/2022/10/20/the-financial-impact-of-divorce/