DID YOU KNOW BY ATTORNEY F.M. ZAVALA

The marital standard of living is “a general description of the station in life the parties had achieved by the date of separation,” rather than a “mathematical standard.” (In re Marriage of Smith (1990) 225 Cal.App.3d 469, 491 [274 Cal. Rptr. 911] (Smith).)


While “the marital standard of living is an important factor in determining spousal support, it is not the only factor, and its importance in determining whether it is ‘just and reasonable’ (§ 4330) to award spousal support will vary based on the court's evaluation of Family Code section 4320 factors.” (In re Marriage of Shaughnessy (2006) 139 Cal.App.4th 1225, 1247 [43 Cal. Rptr. 3d 642].)


After considering the marital standard of living along with the other statutory factors, “the court may ‘fix spousal support at an amount greater than, equal to or less than what the supported spouse may require to maintain the marital standard of living, in order to achieve a just and reasonable result under the facts and circumstances of the case.’” (In re Marriage of Williamson (2014) 226 Cal.App.4th 1303, 1316 [172 Cal. Rptr. 3d 699].)


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