Alimony Guidelines in Arizona
Alimony is a monetary legal obligation of a spouse to another spouse to provide financial support before and after a legal separation. This obligation is also referred to as spousal support. In the state of Arizona, this is called spousal maintenance. The court is the one in charge of ordering spousal maintenance. Arizona family law attornies can help a spouse begin the process of alimony.
Court Ordered Spousal Maintenance
A court may issue spousal maintenance during a separation or divorce under A.R.S. § 25-319 if it finds the party requesting it:
- Lacks sufficient property to provide for their own means
- Cannot be self-sufficient through employment or is the custodial party to a child
- Contributed to the educational opportunities of the other spouse
- Was married for an extended time and is at an age where it may be challenging to get a job easily
The court determines the amount of spousal maintenance by:
- The standard of living that was present during the marriage
- How long the marriage was in effect
- The comparative financial resources of the spouses
- The extent the requesting party reduced their own career for the other spouse
- The ability for both spouses to procure future educational costs of their children
Types of Spousal Maintenance in Arizona
There are three types of spousal maintenance available for a legal counsel to bring to the court. It is best to speak to an experienced Arizona family law attorney to consult with you on your spousal maintenance case to determine which fits your situation the best.
- Permanent Spousal Maintenance
- A permanent or ongoing spousal maintenance award is set up with no termination date. These types of spousal maintenance are generally awarded when the spouse requesting it is of an age where entering the workforce is not feasible.
- Permanent spousal maintenance is only terminated upon the death of one of the parties, remarriage, or a substantial change in circumstances making it no longer necessary for the support.
- Rehabilitative Spousal Maintenance
- This is the most common type of spousal maintenance in the state of Arizona. When spouses are together, one generally becomes more situated in the workforce, making it hard for the other to survive on their own when they first split up.
- A judge may order a termination date with a specific period of time or for the support to end when certain conditions are met.
- Compensatory Spousal Maintenance
- The compensatory type of spousal maintenance is not as common, and many of them are not aware that it is available. The point of compensatory support is that the spouse who made a monetary investment in the other spouse be compensated for that. An example is paying for the spouse to go to college. The spouse seeking compensatory support could request to be compensated for that.
Click here for information on the penalties for non payment of child support in Arizona.
Hiring a Family Law Attorney
A family law attorney located in the state of Arizona can consult on your case for spousal maintenance. If you feel that your ex-spouse or separated spouse should be paying you spousal maintenance, contact an attorney to find out what your rights are for compensation after a marriage dissolution.