Locating, organizing, and interpreting financial documents in the early stages of a divorce proceeding is a daunting task, but one that must be considered. Today, the Court is much more sophisticated and equipped to understand how the investigation of a couple's lifestyle relates to their support determination. Even a slight miscalculation can influence the Court's judgment. Judges use the analysis as a catalyst for rendering an equitable decision.
With so much riding on the correct presentation of the couple's lifestyle, a formal Lifestyle Analysis is crucial. Keep in mind, however, that with the individuality of each case, a "one-size-fits-all" approach is not the best solution. An expertly prepared Lifestyle Analysis provides substantial benefits to counsel, clients and the Court. Clients grasp the truth of their prior, present, and future economic situations-allowing them to better furnish themselves with the tools necessary to understand their financial position.
Today the Lifestyle Analysis is required not only by the "non-money" spouse seeking Pendente Lite relief, but often by each party. Half of these engagements are now performed on behalf of the primary "income earner," looking to prevent his/her spouse from receiving an unreasonable temporary support order. The Court has welcomed this exercise as one that has influenced both Pendente Lite support orders and final financial divorce judgment.
The Lifestyle Analysis generally includes, but is not limited to:
In many instances, this exercise has been able to identify spending patterns that were previously unknown or can uncover gambling and drug habits; the accumulation of art, memorabilia and collectibles; the dissipation of marital assets; and even the existence of extramarital relationships. Once the necessary records are analyzed, calculations regarding the monthly and annual average spending can be determined. The detail and strength of the Lifestyle Analysis leads to credible arguments that can be made to demonstrate a true and accurate analysis of a couple's lifestyle; and attorneys gain strategic advantages in fighting for the monetary settlement their client deserves.
Key Issues in Lifestyle Analysis
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