CALIFORNIA FAMILY LAW
...Spousal Support
......Amount
.........Factors Considered
............Marital Standard of Living
 29 Cards On This Topic:
  • When making spousal support award, court must consider needs of each party, based on marital standard of living.
  • Trial ct. properly considered W's age and status as a retired person when calculating her spousal support award under FC §4320; marital standard of living included being retired.
  • Trial courts have broad discretion in determining the meaning of "self-supporting;" although it usually means achieving MSOL, the concept of the MSOL is itself often quite broad.
  • Marital standard of living merely reference point for spousal support award or modification.
  • Standard of living for purposes of findings defined.
  • Key factor for future modifications not marital standard of living, but whether prior order met supported spouse's reasonable needs.
  • Marital standard of living does not control when artificially high or low, based upon income.
  • Evidence of general lifestyle sufficient to establish marital standard of living for spousal support modification purposes.
  • Party may not collaterally attack stipulated spousal support order on the basis that it did not establish the MSOL; stipulation presumes parties considered all factors, including MSOL.
  • After court considers marital standard of living, it may award support that is less than, equal to or greater than that required to maintain MSOL.
  • "Marital standard of living," is a mere general reference point for court to use in balancing 4320 factors.
  • Mathematical computation of MSOL based on actual family income and expenses, less H’s share thereof, affirmed.
  • More is required to grant s/s than just evidence of parties' standards of living and respective incomes; all FC 4320 factors must be considered.
  • Where parties live beyond means, court may determine what a reasonable marital lifestyle would have been rather than abiding by the standard of living reflected in actual expenses.
  • In determining marital standard of living, proper to look at upward mobility of paying spouse, not average during marriage. Award not limited by marital standard of living.
  • Standard of living analysis may be different when marriage of short duration and neither party worked during marriage.
  • Standard of living during marriage doesn't control when parties make intentional decision to live at lower standard to permit one spouse to attain education.
  • Award lowering supported spouse's standard of living affirmed where she made imprudent and negligent investments, plus had ability to work.
  • Supported spouse entitled to live at same standard of living enjoyed during marriage.
  • Standard of living of supported spouse may be reduced if paying spouse cannot maintain both at their prior standard of living.
  • Support order which leaves parties at significantly different standards of living held abuse of discretion.
  • Support order which leaves parties at significantly different standards of living held abuse of discretion.
  • $3,500/mo to W with $3 million affirmed, because income generated insufficient to maintain standard of living.
  • Court may be unable to maintain both parties at same standard of living.
  • Court must consider standard of living of supported spouse in making spousal support award.
  • Standard of living at separation controls, not lower standard of living during most of marriage.
  • Paying spouse not required to continue to provide every luxury to which supported spouse has become accustomed.
  • Marital Standard of Living: Effect on Spousal Support.
  • Cases reversed for too low a spousal support award.


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