When you read or hear about a divorcing person seeking to keep their marital standard of living, it’s typically the spouse of a very wealthy person who has become accustomed to having multiple homes, a private jet and a monthly clothing budget totaling in the thousands of dollars thanks to their spouse’s income and other assets.
The fact is that one of the factors that can be used in determining spousal support (alimony) under North Dakota law, and state laws throughout the country, is the marital standard of living. That is the standard of living or lifestyle that the couple had during the marriage.
That lifestyle doesn’t have to be extravagant. It could be a solidly middle-class lifestyle. The key to seeking alimony that will provide for that is whether the paying spouse can afford to allow their ex to maintain that marital standard of living or something close to it and still maintain that for themselves.
What do judges consider?
Of course, any spouse seeking enough alimony to keep that standard of living typically needs to show that they can’t earn enough money themselves to do that. If a couple can’t negotiate support payments on their own, a judge will consider things like the actual income and earning capacity of both spouses, as well as their individual assets after their marital property has been divided.
They’ll also look at the length of the marriage, the sacrifices the spouse seeking alimony made (such as leaving the workforce to raise the children or giving up their own ambitions to put their spouse through medical school) and both spouses’ ages and health.
Whichever side of this equation you find yourself on, if you and your soon-to-be ex can’t agree on alimony terms, you’ll need to present a strong case in court. Having experienced legal guidance can make all the difference in whether or not you prevail.