Legal Question in Family Law in California
I've heard that in California, when a couple divorces, the side which has to pay spousal support is expected to maintain the level the other half enjoyed during the time of marriage.
In cases where the half receiving spousal support is living in a plain apartment, I can understand this as she shouldn't be expected to move into something substandard. But from what I've heard, Frank McCourt is expected to pay hundreds of thousands of dollars every month to his ex-spouse Jamie McCourt who has multiple homes she pays mortages on each month so she can maintain her lavish lifestyle.
This seems rather ridiculous to me.
Is this the law?
3 Answers from Attorneys
The payor spouse does not have a legal entitlement to direct how the supported spouse spends the spousal support proceeds. The legislative goal is for the spouse receiving support to procure a support figure that allows for maintaining the marital standard of living.
Maintaining the marital standard of living is only one factor the court considers in setting the amount of spousal support. If there is only one working spouse, it obviously is impossible to maintain the full standard of living for the non-working spouse without making the working spouse pay 100% of their income to then non-working spouse, which of course is not the law. Unlike child support, which is on a strict formula that requires significant good cause to deviate from, spousal support is more of an art based on a long list of factors the court must consider.
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