It’s not unusual in divorces for one spouse to have a much higher income than the other. One spouse might not even be working outside their home if they’re caring for children or maybe an elderly or ill loved one.
For that lesser-earning spouse, divorce could mean a drastic change in their standard of living. That’s one of the key reasons that spousal support (alimony) is awarded. The spouse with more income can help support their ex until they’re able to become self-supporting.
Self-supporting, however, may be nowhere near the standard of living they’ve become used to – maybe over decades of marriage. Does a spouse have a right to seek support that will allow them to maintain that?
What does New Jersey law say?
Under New Jersey law, when determining alimony, one factor that judges can consider is the “standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other.”
When divorcing spouses can’t agree on a fair amount of alimony, they’ll need to have a judge make that decision. If one spouse is seeking enough alimony to allow them to maintain their marital standard of living, they’ll need to be prepared to make their case in court.
Relevant factors could include things like how long they’ve been married, how much the lesser-earning spouse contributed to their spouse’s professional success (perhaps by working to put them through graduate school) and how much difference there is in the two parties’ earning potential.
It’s important to note that maintaining one’s marital standard of living isn’t just something those who are multimillionaires seek to do. People who have become used to a solidly “middle-class” lifestyle can seek to keep it. Having experienced legal guidance can help when it comes to successfully making a case.