Santa Barbara Divorce Law- Marital Standard of Living and Spousal Support

Santa Barbara Divorce Law- Marital Standard of Living and Spousal Support

By Marcus Morales on Jul 27, 2018 in Spousal Support

The marital standard of living established during the marriage is one factor the court will consider in determining spousal support in Santa Barbara Divorce cases, but it is far from the only factor the court will consider. Below are case cites relevant to spousal support in Santa Barbara Divorce cases.

Pursuant to the Geraci case (2006) 144 Cal.App. 4th 1278 (and see IRMO Ackerman (2006-2007) 146 Cal.App. 4th 191), the Court is now at least invited, if not mandated, to weigh each fo the factors of California Family Code § 4320.

In addition, a key in most sposual support cases in Santa Barbara is the marital standard of living and how it should be analyzed. The Court is charged with making specific findings regarding the marital standard of living but also to ascertain the extent to which the Court can create support rights and assign support responsbilities equitably measured against the marital standard of living. The marital standard of living is not the absolute measure of reasonable need. It is merely a threshold or reference point against which all of the statutory factors may be weighed (under Cal. Family Code § 4320). It is neither a floor nor a ceiling for a spousal support award. The Legislature intended it to be a general description of the station in life that the parties achieved at the date of separation. It is a mere reference point. (See IRMO Nelson (2006) 139 Cal.App.4th 1546). 

In short, there are a lot of factors the court will consider when determining spousal support. Contact Morales Law, your Santa Barbara Divorce Lawyers, today for a strategy session to achieve an excellent spousal support order. (805) 845-5405. 

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