CAN SPOUSAL SUPPORT BE USED TO INCREASE THE STANDARD OF LIVING POST MARRIAGE?
The code section uses the words, “standard of living during the marriage”. The case law, Marriage of Smith (1990), indicated that the court should, in weighing factors, consider both the terms of the amount of support and the duration of it. Other case law indicates that the support order post-divorce is NOT to provide the other spouse with a better lifestyle than established during the marriage due to the increased ability to pay a higher amount. There are a few cases when the court has found it unjust not to do so, but in general, dont expect an increase in lifestyle, post judgment. If the evidence can prove a steady upward pattern of living of the parties prior to separation over a period of time, and that one spouse would be left at a substantial lower standard of living, the court could order support higher than the standard. This is not common in most courts without the facts that support it. AMOUNT OF SPOUSAL SUPPORT: This is the judges discretion to which he/she has considered
