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Your standard of living may impact your right to spousal support

On Behalf of | Apr 4, 2019 | Divorce

Spousal support is affected by many factors. One of those factors is your standard of living during your marriage. Of course, most people understand that maintaining the same standard of living after a divorce is unlikely, since it always costs more to live independently than as a couple.

In some cases, the standard of living you’re used to in marriage makes a more significant impact on your spousal support options than others. For example, if you and your spouse were extremely wealthy, it would be unfair for the higher-earning spouse to walk away with the same standard of living while the other spouse is relegated to a low standard of living.

How much money affects spousal support when it comes to your standard of living?

That depends on a few factors, but it’s relatively easy to understand how a court would see finances and whether or not keeping the same standard of living with spousal support would work. For example, if you and your spouse earn only $75,000 each year, you know that splitting that won’t allow either of you to live at the same standard as you’re used to.

However, if you and your spouse earned $1,000,000 a year and you’ll be left with only $35,000 a year on your own, your spouse may have to make up a fair amount to make sure you’re living the lifestyle that you’re used to.

What is an artificial standard of living?

With an artificial standard of living, the spouse’s apparent standard is not in line with their finances. For instance, people who are saving money may not spend much and have a lifestyle living well below their means. Similarly, people who live beyond their means may have excessive debt as a result.

In either case, the court has to carefully consider the lifestyle the couple has compared to their income and think about whether or not it can be maintained with a spousal support order.

If you or your spouse are going to seek spousal support, make sure you have proof of your income and assets that support your request. It is important for you to work with your attorney to show why you’re seeking the support that you’re requesting and to have evidence to support your request. You can arrange your own agreement for support or ask the judge to do so, so keep that in mind before you go to court in Knoxville.

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