Fabio & Merrill

What is the role of the “standard of living” in a divorce?

When you are getting divorced in Texas and cannot come to an agreement on your divorce settlement, the court will step in to settle things. If this happens, the court will often look at the standard of living to help it make determinations. This is why you should understand what this term means and how it can affect your divorce.

Standard of living, according to The Huffington Post, is the basic way of life you became accustomed to when you were married. It mainly involves the economic factors and is usually applied when deciding alimony. The court will try to maintain this standard for you and your spouse.

It can become difficult to keep up the standard of living for lower income couples. However, high earning couples can usually make it happen. The court will look at incomes and assets to divide things in a fair manner while trying to keep the standard in mind. For example, if you are used to living in a large home with a regularly employed maid and your incomes allow this to continue without putting your spouse at a disadvantage, then the court will likely make orders to ensure this standard of living continues.

The standard is also used as a bar against which decisions are weighed now and in the future. For example, if you get a new job where you make much more than you previously did, then the court is likely to make adjustments to alimony orders to adjust things and get back to the bar set by the standard of living. While this information should not be taken as legal advice, it can help you understand the process and what to expect. 

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