When a couple divorces after a long marriage, one of the biggest worries of the lesser-earning spouse is that their standard of living will decline dramatically. The same is true for a spouse who has largely remained out of the workforce to be a stay-at-home parent or to care for an aging family member (maybe even an in-law).
That’s where alimony (known as spousal maintenance in New York) can make a big difference. Fortunately, one of the considerations in the amount of alimony awarded under New York law is the “standard of living of the parties established during the marriage.” Of course, each spouse’s current income, earning potential, health and age are also factors, as is the length of the marriage.
Seeking to maintain the marital standard of living isn’t only something that those living in multimillion-dollar homes and driving multiple luxury cars have a right to do. Many times, spouses are simply asking to maintain the middle-class lifestyle that they’ve been living for decades, thanks largely to their spouse’s income.
Building a case
When divorcing spouses can’t agree on spousal maintenance and the person seeking it has to make their case to the court, it’s important to build the strongest possible case. It can help to show that the higher-earning spouse was able to build a successful career because their husband or wife took care of the kids, helped the couple maintain a thriving social life that helped them build contacts and maybe even helped put them through graduate school.
The spouse seeking alimony may also need to show that, due to their age, health or other factors, they can never come close to the marital standard of living on their own, while their soon-to-be ex’s lifestyle won’t suffer significantly if they are ordered to pay alimony. Sometimes, a judge will order only temporary alimony if they believe can get the education, experience and skills they need to become comfortably self-supporting in time. Further, the property division agreement can also be used to even out the individual spouses’ financial resources after divorce.
Each divorce is highly unique. Further, judges are individuals who can have widely differing views on how to apply the law – especially when it comes to divorce and other family law matters. That’s one reason having experienced legal guidance can be crucial to your post-divorce standard of living.