Uh-oh...I Worked 'Crazy' Overtime Before! Now What?!

In ordering spousal support, the court considers the needs of each party based on the standard of living established during the marriage.

I bet right about now you’re thinking that you really screwed yourself by busting your ass and working all that overtime to give her the luxury of staying at home all day!

Yeah, we know...my husband was in the same boat. He'd provided the devil with a lifestyle beyond their means by working an unreasonable amount of overtime, and sacrificed all of his limited free time to give it the luxury of being a stay-at-home wife and mother (even though they didn't have any kids, and it wasn't even pregnant when it quit her job to sit on its ass all day).

So, do you want the good news? Take a look at this California Court of Appeal decision:

In re the Marriage of RICHARD and BARBARA SIMPSON, No. B048099, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 13, 1992, Decided: “After dissolution, a family may be entitled to be supported at what would have been a reasonable standard of living ... given what [Husband] would have earned had he worked at a reasonably human pace." … They are not entitled to continued guaranteed support at a standard of living which existed only because the supporting spouse ‘worked excessive hours during the marriage.’”

This means that the court can NOT base spousal support on the crazy overtime you worked during your marriage...and you've got the Appeallate Court decision to prove it!