top of page

Lifestyle Analysis 101: Documenting the Marital Standard of Living and Finding Income a Return Doesn't Show

Writer: Brandon Bonham
Brandon Bonham
1 day ago
2 min read

A tax return shows what was reported. A lifestyle analysis shows what the family actually lived on. When the two do not match, the gap is the finding.


Why attorneys order one


Alimony statutes commonly tie support to the standard of living the couple maintained. Utah's statute directs the court, as a general rule, to look to the standard of living at the time of separation. Confirm the current text and how your court applies it. Whatever the rule, you need a documented, defensible picture of spending, and you need it in a form a judge will credit over a list of estimates in a financial declaration.

The same analysis does a second job. If a family spent more than the reported income could support, the analysis points to the source of the difference.


How the work is done

  1. Collect 24 to 36 months of records before separation: bank accounts, credit cards, brokerage and investment accounts, loan statements, and the business's records of anything paid on the owner's behalf.

  2. Classify every transaction. Fixed obligations (housing, insurance, loan payments), recurring living costs (food, utilities, children), discretionary spending (travel, dining, clubs), irregular annual items (vehicles, home improvements, vacations), and non-living items (savings, investments, debt paydown, taxes).

  3. Separate the one-time from the recurring. A year with a remodel or a wedding is not a baseline year.

  4. Convert to monthly averages and show the range, not only the mean.

  5. Run a sources-and-uses reconciliation. Total spending plus savings is compared with documented income. The difference is then traced to its source.



The insight: the gap has only three explanations


When spending exceeds reported income, the money came from one of three places: assets that were sold or drawn down, borrowing, or income that was not reported. A sources-and-uses schedule makes the analyst answer which one, with records. That is what turns a lifestyle analysis from a spending list into evidence.


Where it goes wrong

  • Choosing a convenient period. If the analysis covers only the months that help one side, the other side will say so.

  • Counting credit-funded spending as sustainable. A lifestyle financed by debt is a different fact than one supported by income.

  • Leaving out what the business pays. Vehicles, travel, meals, phones, and insurance paid by the company are part of how the family lived, even though they never appear in the personal accounts.

  • Ignoring your own client's declaration. The same method will test your client's financial declaration. Run it before the declaration is finalized, not after the other side does.


Questions to ask your expert

  • What period was analyzed, and why that period?

  • How were cash spending and business-paid expenses handled?

  • Is there a sources-and-uses reconciliation, and what funded any gap?

  • Which items were treated as one-time, and how was that decided?

  • How do the results compare with the financial declaration, for both parties?

Comments


bottom of page