Maintaining Your Lifestyle After Divorce
Maintaining the standard of living forms the backdrop of a majority of negotiations, with spouses seeking the same level of support they were used to before their separation. Like numerous legal matters, divorce cases are handled differently in each state, with Pleasanton divorce attorney highlighting the status quo as one of the crucial elements for divorce trials. To break it down further, we discuss matters surrounding spousal support, from factors determining alimony settlements to the types of spousal support to expect.
How to Demonstrate the Standard of Living
Demonstrating the standard of living often falls on the spouse requesting spousal support, with the burden of proof resting on that party. This is often the case when spouses cannot agree on the standard of living needed to maintain a new lifestyle after a divorce. To help with this, your divorce lawyer in CA will help you submit an income and expense declaration. This form lists details such as the total value of household income and elements such as your spending habits. In addition to this, the spouse requesting support is also required to present information regarding the type of home they are used to living in and the forms of entertainment enjoyed. Intangible factors are also considered, such as obvious changes in the type of household from low-income, middle income to upper income.
Spousal Support Laws/ Factors That Go Into Spousal Support
During a divorce, the court uses certain factors to establish the spousal support to award, with examples of these being:
- Ability to pay alimony. This considers the paying spouse’s earned and unearned income along with the earning capacity.
- The marketable skills of the spouse: This refers to the time and expense required for a particular spouse to get training and education to develop skills for work and any retraining needed to gain employment or marketable skills.
- Sacrifices are made during the marriage: These include contributions made by the supporting spouse to help the paying spouse attain education, career, or training.
- Non-monetary benefits and standards of living such as the house and neighborhood you lived in, travel practices, and entertainment were enjoyed throughout the marriage.
- Changes in upward mobility: An example of this is the rise from a low-income household to a middle-income household.
- The ability to work outside the home without the supported spouse’s schedule disrupting the interests of the dependent children in their custody.
- Debt loads and assets for both spouses: This also factors in separate property.
- The age and health of both spouses
- The length of your marriage
Types of Spousal Support
There are two types of spousal support, with Pleasanton CA divorce attorney coming in handy in helping clients request their most suitable choice.
Temporary Spousal Support
This is payment made by the payor’s spouse or the spouse who earns more to the payee or supported spouse who earns less. Due to its temporary nature, it helps the supported spouse get financial support during the divorce proceeding, after which payment seizes once permanent financial support is awarded.
Permanent Spousal Support
It refers to long-term support that the payor spouse pays to the supported spouse. The financial aid awarded in this type of alimony helps the supported spouse get close or back to the standard of living experienced during the marriage.
How a Lawyer Can Help
If you are going through a divorce and need help with your spousal support, a Pleasanton CA divorce lawyer can help you navigate this process. California courts require spouses to demonstrate one’s standard of living, an area that a CA divorce attorney can help you with. This allows you to get peace of mind knowing that your best interests are put forward during your divorce negotiations.