Marital Standard of Living

The court’s basis for a decision awarding permanent spousal support is the standard of living established during the marriage. This standard is referred to as the ‘Marital Standard of Living.’ Defined, it is the general station in life the parties enjoyed during their marriage. 

The definition itself does not provide a mathematical standard to measure the marital standard of living. There is also no formula required to be used in determining the marital standard of living. Sometimes, the court determines the standard by the parties’ average income over a period of time or from expenditures. 

The purpose of the standard is to provide the court with a reference point against which to weigh the other statutory considerations. The court usually adjusts the duration and amount of support depending on what is required to maintain the marital standard of living. 

Income does not always translate to the standard of living. The fact that a spouse was earning a high income at the time does not automatically qualify the supported spouse to a higher support amount. Similarly, there may be cases where the standard of living was intentionally low compared with the available income during the marriage. In cases similar to the latter, the court can set spousal support at a level above the actual standard of living during the marriage. 

Mandatory Findings and Findings on Other Circumstances

The judge will include specific factual findings regarding the standard of living enjoyed by the parties during the marriage. Also included in the order is a specific finding whether or not the amount of support ordered is sufficient to meet the reasonable needs of the supported spouse, considering the marital standard of living. 

The purpose of including specific factual findings is because these will be helpful if there are subsequent modification or appellate proceedings. 

In cases where parties represent themselves, without the aid of a lawyer, the court is permitted to use layman’s terms in its findings. Descriptions of the marital standard as upper, middle, or lower-income will suffice in this case. This is because the law does not expect the parties in this case to have a grasp of the legal language. However, the court will still include as many details as possible, such as the number of homes or cars the parties owned in their marriage, again because it will be helpful in modification proceedings. 

A party can also request the court to include findings regarding the other circumstances upon which the support order was based. Such circumstances may include findings on the underlying assumptions regarding future circumstances. 

Statement of Decision

A party can request the court to include a statement of decision in an order modifying terminating or setting aside a support order. 

Gavron Warning

The Gavron warning is given when the court orders permanent spousal support. In this, the court advises the supported party of his or her obligation to make reasonable efforts to assist in providing for his or her own needs. The court can dispense with this only in cases involving marriages of long duration (10 years or more). 

When a party fails to heed the Gavron warning, it may constitute a change in circumstances that warrant a modification in spousal support. The premise for this is that the supported spouse was already made aware through the warning of his or her obligation and yet does nothing about it. 

A Gavron warning also matters when a support order is appealed. In deciding whether a modification or termination of spousal support was proper, one of the factors that appellate courts look into is whether a Gavron warning was given. 

Duration of Support Order

The duration of a support order varies depending on the case and usually depends on the facts and circumstances of the case. It may be a short-term support order, such as when the court only intends to assist one spouse in the transition to a single status financially. It could also be a long-term order, such as when the supported spouse is unable to earn an independent income. 

The duration can also be for a specific period, such as when it is intended to support the spouse while they obtain education or training. 

Simply put, the duration of the order is on a case-by-case basis and depends on the discretion of the court.