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Change isn't Always Negative, we can help you move on there is a positive future ahead
By: Sampair Group

Am I Entitled to Spousal Support in Arizona?

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What Exactly Is “Spousal Maintenance In Arizona?

If you are going through a divorce or separation in Arizona, you and your ex-spouse may likely have a difference in your wages or overall ability to earn.

Some financial differences are simply due to your chosen profession, or you just decided that one parent would remain home to care for your children.

Whatever the specifics, one of you often starts with an unfair economic advantage during or after your divorce is finalized.

That said, Arizona is considered a “community property state.” Therefore, all your assets acquired during the marriage are divided equitably when you divorce. However, in Arizona, spousal support (aka alimony) is considered an additional benefit apart from rest when moving on with your life.

Additionally, Arizona does not have specific and detailed legal guidelines for spousal maintenance as it does for child support. When considering spousal support, the Arizona courts rely on numerous factors to come to a fair decision on if you should receive alimony and how much it may be. Every aspect of court-ordered spousal support is tailored to you and your ex-spouse’s unique monetary situation.

It’s vital to note that the Arizona court has statutes, such as Arizona 25-322, regarding how spousal maintenance is paid, but the mandate for spousal support does not. Still, it’s always in your best interests to try to negotiate a fair agreement ahead of time and have your divorce lawyer present it to the court. Enlisting the help and legal guidance of a qualified, aggressive, and empathetic Scottsdale spousal support lawyer may lead to a more satisfactory result that both parties are more comfortable with.

Divorce is always a stressful, emotionally laden time. Still, if you can work together, you’re your lawyer’s help and find common ground with your ex-spouse, it is always easier to positively move on with your life after your divorce.

Are There Different Kinds of Spousal Maintenance I Can Receive?

In Arizona, specific and detailed child support guidelines exist, but the judges have broad discretion when deciding if you should receive spousal maintenance and how much it may be.

Child support payments are commonly based on your and your ex-spouse’s adjusted gross income, and there is less “wiggle room” in the guidelines used by the courts to follow when awarding child support.

However, spousal maintenance may not be awarded after your divorce or may be ordered only for a period because of existing circumstances. Always remember that Arizona does not have detailed or specific guidelines for spousal maintenance (aka Alimony).

The guidance and experience of your Maricopa County spousal maintenance lawyer will be invaluable in helping you to receive one of the following three types of Alimony:

  • Permanent Support – A permanent award for spousal maintenance has no termination date. For example, this is commonly used when one spouse cannot reasonably expect to enter the workforce for a substantial and irrefutable reason.
  • Rehabilitative Support – This is the most common type of spousal maintenance ordered. When you and your ex-spouse married, you intended to act as partners. This often leads to one of you being better situated in the workforce, and this support will be paid until you can get on your financial feet.
  • Compensatory Support – This kind of Alimony is uncommon, and you may not be aware it is available. Let’s say you worked to help pay for your partner’s education; then, the court may dictate that money must be paid over a period to compensate for your financial help.

What Does The Arizona Court Consider “Reasonable Spousal Maintenance?

Usually, depending on your unique case, spousal support is considered reasonable if it’s less than 50% of the partner’s pre-divorce income. However, the court will consider numerous factors to determine what is appropriate in each case.

Some of these factors are:

  • How long you were married – The length of your marriage is a critical factor in receiving alimony in Arizona. You most likely wouldn’t be awarded alimony if you were not married for ten years or more. However, the longer you are together, the more likely you will be awarded alimony if needed.
  • The ages and health of you and your ex-spouse – If you’re under 55, but your partner’s health is better than yours, you may get alimony. If you are over 55, usually you will not receive Alimony.
  • The amount and source of both your incomes – This is a complex but critical factor in receiving support, and the help of your lawyer is mandatory. Usually, your support won’t exceed your calculated needs, and if spousal maintenance is provided, it may be reduced in proportion to any increase in income you may receive.

How Do I Know If I Qualify For Spousal Maintenance in Arizona?

You must remember that Arizona has no solid legal guidelines for you to receive spousal support. That said, the court does look at and will determine the following at their discretion:

  • Will you hold insufficient property to support yourself adequately after all, marital property is distributed?
  • Can you obtain employment that will make you self-sufficient?
  • Have you contributed in any way to help increase your spouse’s earning capacity, such as contributing to the cost of their education, training, or vocational skills?
  • Did you significantly decrease your income or opportunities to benefit your spouse at your expense?

Whether or not you receive spousal support is a highly subjective matter. Therefore, your Maricopa County spousal support lawyer’s experience, diligence, and negotiating skills are critical to a successful outcome. Your lawyer will diligently and thoroughly gather all information needed and present it professionally to the court to support your request for alimony.

I Am Getting Divorced in Arizona and Need Alimony; What Should I Do?

The fact that receiving spousal support and no distinct legal Arizona guidelines exist to that end makes it mandatory to obtain the help, guidance, and knowledge of a highly skilled spousal support law team. This is a highly subjective subject to put in front of the court successfully, but always a critically important one to you and your future life.

The winning and experienced spousal support lawyers at the Maricopa County Sampair Group have a vast history of obtaining divorced people what they truly need and deserve. Call them today for a case evaluation at (480) 613-4853, and they will fight for the finances you need and deserve to move on with your life optimistically.