With the cost of living in California, and certainly in Sonoma County, as high as it is, divorce can mean a big change in the standard of living for both spouses who no longer get the financial benefits of shared expenses and income.
What if one spouse considerably outearns the other? Even if the lesser-earning spouse gets roughly half of the marital or “community” property, they could still experience a drastic change in their standard of living – one they may have grown used to after many years of marriage.
What does California law say?
Under California law, one of the factors that judges can consider when determining spousal support is the “extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage.”
The court can also factor in the length of the marriage, the ages of both spouses, their earning potential and the “extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.” For example, if they agreed that one spouse would work to support the couple while the other pursued an advanced degree or built a successful business, the spouse whose career benefitted from that sacrifice may be asked to provide enough support to their ex to allow them to continue to live comfortably – particularly if they can’t approach their marital standard of living on their own income and assets.
While it might seem obvious to the lesser-earning spouse that they deserve generous spousal support, it may be necessary to present that case to the court if the other spouse doesn’t agree. Having sound legal guidance can make all the difference.