How does the marital standard of living affect a Carlsbad divorce? The Family Court in a divorce case will consider the “status quo” prior to the end of the marriage. The status quo includes the lifestyle the couple had enjoyed prior to filing for divorce.
Once the divorce is completed, the income and assets which once supported a single household must now usually support two separate households. The purpose for answering the question “how does the marital standard of living affect a Carlsbad divorce …” is rooted in the potential inequality of the earning power and assets of each party after the divorce is completed.
In many cases, one party has made a personal sacrifice in terms of their own career and/or earning power in order to leave the work force to care for the couple’s children and household. Generally speaking, the Court must evaluate the impact the divorce will have upon a lesser earning spouse. This may come into play in terms of child support, spousal support and the “equitable division of community property.” Equitable does not necessarily mean “equal” however that is the goal in most cases.
In order to determine the marital standard of living three issues are usually taken into consideration:
- The earning power of each former spouse
- The ability of either spouse to pay spousal support and/or child support, and
- The needs of each party when viewed through the lens of the “status quo.”
How will the marital standard living affect a Carlsbad divorce or the outcome in your case? The general goal is to somewhat balance the financial playing field between the parties. What will it take for each separate household to make ends meet?
Child support is a standardized calculation and it is the responsibility of each California parent to provide for the needs of their children including, but not limited to, food, clothing, shelter, health care and education.
The calculation of spousal support is not standardized. It is based upon a broad set of conditions identified in California Family Law. The Court will review the status quo and the marital standard of living as well as the incomes and earning capacity of each party. Spousal support is partly rooted in the ability of the payor to afford the support while ensuring a lesser-earning former spouse will be able to pay their bills after the divorce is completed.
These are complex issues and this is why it is important to work with the experienced, proven Certified Family Law Specialists at Burke & Domercq.