FAQ: What factors will a judge weigh most heavily when assessing the Marital Standard of Living?
The marital standard of living (MSOL) is one of the many factors that are set out in the California Family Code that are to be considered by a divorce court in the determination of spousal support. Our FPS team weighs in on this tricky topic:
Michelle Stowell
“The marital standard of living incorporates a number of factors – including savings during marriage. If, during marriage, the parties regularly saved money – whether it be in retirement accounts, savings accounts, or other investments – the court may consider the savings history of the parties during marriage when determining the actual marital standard of living. So even if the parties lived modestly while married, the court may still make a rather large spousal support order based on the fact that a significant amount of the parties’ income went into savings and/or investments rather than financing a lavish lifestyle.”
Matt Purcell
“The marital standard of living incorporates a number of factors – including savings during marriage. If, during marriage, the parties regularly saved money – whether it be in retirement accounts, savings accounts, or other investments – the court may consider the savings history of the parties during marriage when determining the actual marital standard of living. So even if the parties lived modestly while married, the court may still make a rather large spousal support order based on the fact that a significant amount of the parties’ income went into savings and/or investments rather than financing a lavish lifestyle.”
