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If the standard of living attained during marriage includes
luxury items (say a Ferrari, penthouse condo, yacht, etc),
all of which are Separate Property of one of the spouses,
does the other spouse acquire a right to maintain that same
lifestyle upon divorce, and to claim alimony as the means to
maintain it?
If this Right exists, can it be waived in a pre-nuptial agreement,
or is it against public policy or unfair, etc?
In other words if the guy drives his wife's Lamborghini ($250K,
Separate Property), during the entire marriage, stays at home
and loses his ability to support himself, can he claim a Lamborghini
lease as part of his living expenses (for alimony/support calculation
purposes), or can the ex-wife stick him with a Honda Civic?
If the answer is that without a pre-nup he gets a Lamborghini,
then the question is, can a pre-nup change that? What is the
proper legal term for that? What right is one waiving?
I'm interested in the legal principles behind it, not any specific
advice.
Thanks.
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