Tinero, Aharonov and Associates Tinero*, Aharonov and Associates A Family Law Practice, LLP

* Ellen Friedman Tinero has retired from the firm


Awarding of alimony may cause conflict during divorce

During the dissolution of a marriage in California, a major point of contention often has to do with spousal support. The court might award spousal support, or alimony, to one spouse based on its own decision. However, naturally, the spouse who will have to pay it may be concerned about being forced to pay too much, whereas the other party might be worried about not receiving enough after the divorce.

Alimony essentially provides continuing income to the divorcing spouse who earned less money or did not earn money at all. The purpose of spousal support is to help to limit the unjust economic effects of divorce. After all, a spouse might have chosen to give up his or her career to rear the children at home and thus put himself or herself at a disadvantage financially and career wise.

The court will take into consideration multiple factors when making an alimony determination. These include, for example, how long the marriage lasted and each of the spouse's incomes. The parties' standard of living during their marriage and the division of their assets are other factors that a judge will consider.

Whether a divorcing spouse is eligible for alimony and, if so, how much cannot be determined through stringent legal guidelines as is done for child support. Each marriage is different, and every divorce is different, with two divorces potentially having very different results. An attorney in California can provide guidance during the divorce process to ensure that one's best interests and rights are protected as far as alimony is concerned.

Source: findlaw.com, "Spousal Support (Alimony) Basics", Accessed on Oct. 17, 2017

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* Ellen Friedman Tinero has retired from the firm