Our Family Law legal team understands the importance of getting a successful outcome in a divorce case. Spousal maintenance can have a profound impact on your life and future post-divorce. Our attorneys are experienced in representing clients seeking alimony. Our firm will fight for your rights and provide expert representation and assistance throughout the process.
Spousal maintenance is money paid to a (former) spouse for the purpose of helping them to meet their reasonable economic needs after a divorce. In Arizona, when a couple divorces, the court has to use its discretion in order to decide whether to award the spousal maintenance, as well as how much to award and for how long.
Spousal maintenance could be a extreme issue that causes conflict when a couple seeks a divorce. Let our experienced Arizona Spousal Maintenance attorneys advocate on your behalf in your divorce, and regarding spousal maintenance. Our attorneys will fight for your rights and represent you through negotiation, litigation, or mediation.
When a client seeks alimony, the court determines how much and for how long the client will receive it. Factors come into play when the court considers the longevity and amount of support. There is no “magic formula” in calculating an exact amount or duration of the support, therefore having the representation of an experienced Arizona alimony attorney is crucial. Our attorneys will identify the criteria and asses your personal situation in order to help you achieve your desired outcome. Factors considered by the court to determine support:
- earning capacity
- ability and need to pay
- accustomed standard of living
- length of marriage
- age, disabilities, health
- income disparity
To better understand the different types of spousal support and to determine which one is most appropriate for your particular situation, contact one of our knowledgeable Family Law Attorneys. You may not have considered all the implications associated with spousal maintenance and how it affects your life or your family. Our attorneys will give you options, direction, and information regarding spousal support:
- Temporary maintenance (spousal support during pending divorce)
- Lifetime maintenance (alimony that remains constant and permanent until recipient’s death or remarriage)
- Rehabilitative maintenance (short-term support to allow one spouse to rebuild a career or to further his/her education)
- Reinstitutional maintenance (support as payback, as when a spouse supported the other)
SPOUSAL SUPPORT ATTORNEYS IN ARIZONA
Our AZ Alimony Lawyers discuss Spousal Support and Alimony Questions in Phoenix, Arizona
FREQUENTLY ASKED SPOUSAL SUPPORT QUESTIONS
What is Alimony?
Alimony is financial support that one spouse pays to another after a divorce. Alimony can help prevent disproportionate economic impact from a divorce between the spouses.
Who Can Get Alimony in Phoenix, Arizona?
Spousal support can be awarded to either spouse- husband or wife- after a divorce. Gender is not one of the factors that goes into determining spousal support. Alimony may last for a predetermined amount of time, or it could last for life. However, spousal support terminates if the receiving spouse remarries. There is no minimum amount of time the couple should be married before spousal support will be awarded, but the probability of it being awarded increases with the length of the marriage.
Are Spousal Maintenance and Alimony the same?
“Spousal maintenance” and “alimony” are terms that can be used interchangeably with each other, as well as “spousal support.” Different states may have a preference for one of the three terms. All of these are fully separate from child support, which is awarded to care for a child.
How is Spousal Maintenance Figured and Determined in Phoenix, Arizona?
There are many factors that go into determining how much spousal maintenance should be paid. One will be the general condition of both of the spouses- physically, mentally, and financially, as well as their ages. One spouse may need training or education to re-enter the workforce, and the cost and amount of time that will take is factored into spousal maintenance. The court will look at the length of the marriage, and the couple’s standard of living during the marriage. One spouse may be awarded alimony if they made sacrifices in their own career to support their spouse’s. Whether the paying spouse has the ability to support themself and the other spouse is another factor the court will consider.
If spouses are in different states, where should they get divorced?
If you and your spouse live in different states, there may be an advantage to file first in the state in which you reside. You should consult with divorce attorneys in each state to see which state would be most advantageous for you to file in from a spousal maintenance perspective. Keep in mind that you must reside in Arizona for at least 90 days before you are eligible to file your divorce here. You may need to let your spouse be the one to file the divorce petition first if they live in a state with favorable spousal support laws.
What are the 3 Most Usual types of alimony in Phoenix, AZ?
Our Phoenix Divorce attorneys assist you with questions that you may have with Spousal Support and Alimony Issues in Maricopa County, Arizona. Many people in Phoenix and Maricopa County qualify to get some form of spousal support. Take a look at some of the options.
Here are the 3 Most Common Types of Maintenance to a Spouse in Phoenix:
- Permanent Spousal Support: This type of alimony is fairly self-explanatory. Permanent spousal support orders have no expiration date. Permanent support orders may be used when the spouses are elderly, one has a permanent disability, or it would otherwise be too difficult for the receiving spouse to rejoin the workforce. Permanent spousal support continues until one spouse dies, the receiving spouse remarries, or something happens that makes spousal support payments unnecessary, e.g., the receiving spouse wins the lottery.
- Rehabilitative Spousal Support: This is the most popular type of spousal support. Rehabilitative spousal support is used when one spouse has made career sacrifices to support their spouse, and compensation is needed for a while until they are able to find employment that finances a similar lifestyle to when the spouses were married. For rehabilitative spousal support orders, the judge may order a certain date that payments will terminate, or payments will terminate when certain conditions are met. For example, the receiving spouse may need to complete a college degree and find a full time job before payments can be terminated. Otherwise, the date that spousal support is set to terminate will likely be a hotly contested issue between the spouses.
- Compensatory Support for a Spouse in Phoenix: This is the least common type of spousal support. This type of spousal support is awarded if one spouse made an investment or significant contribution to the other spouse. For example, one spouse may pay for the college education of the other spouse. That spouse may be awarded support payments after a divorce as compensation for the gift or investment. This should not be confused with credits during a property division to compensate for marital waste.
Under What Circumstances will the Arizona Family Court Consider Spousal Maintenance?
Historically, spousal maintenance was awarded to homemaker wives from breadwinner husbands. However, as the years have passed, more and more wives are the primary breadwinners in their families and may end up paying alimony to their husbands upon divorce. One spouse may be awarded if they put their own professional life on hold, whether to raise the couple’s children or to simply support the other spouse’s climb up their corporate ladder.
Our Phoenix Family Law Firm is here to assist you with your needs.
Whether you’re curious about if you’ll be awarded spousal support in a divorce, or if you’re worried about making payments for potentially the rest of your life, our divorce attorneys are here to help. Spousal support orders are nearly impossible to modify, and may continue for the rest of your life. That’s why it’s so important that any settlement you reach has a properly drafted agreement, and that you have a skilled attorney to represent you should the matter proceed to trial. Learn what our attorneys can do for you, at no risk to you, by scheduling your free consultation today.