Calculating Alimony in Arizona
There is no specific calculation that is used in the state of Arizona for appropriate alimony amounts. There are several steps that the courts will use to determine the length and amount of alimony to be paid. The courts may also refer to alimony as spousal maintenance in Arizona. The legal representation for the spouse seeking the alimony must prove sets of circumstances before the courts will proceed with the case.
Four Things to Prove for Alimony Eligibility
The spouse and their legal counsel must prove four things to the court when they are petitioning for alimony. The spouse and their representation can prove any of the following:
- There is insufficient property for the spouse to provide for his or her needs
- The spouse cannot be self-sufficient with appropriate employment
- The spouse is the custodial party of a child that is young enough that they should not be expected to work. The spouse contributed to the other spouse’s education.
- The duration of the marriage was so long that the spouse is at an age where they cannot be expected to work and remain financially self-sufficient
Once the spouse and their counsel have proven the existence of one of the four factors that exist, the courts will then move on to the next step of calculating the duration and amount of alimony required.
13 Factors Considered by the Court
Once the court is shown the spouse meets one of the four eligibility factors for alimony, they will further investigate an additional 13 factors to help them determine alimony.
- The standard of living that was established during the marriage
- How long the marriage lasted
- The age, employment, earning ability, and the physical and emotional ability of the spouse seeking the alimony
- The ability of the spouse who alimony is being requested to maintain their needs while paying alimony to the other spouse
- The resources of each spouse and their earning abilities in the job market
- The contribution of the spouse seeking alimony to the earning ability of the other
- The extent to which the spouse requesting alimony has reduced the spouse’s income or career opportunities for the benefit of the other
- The ability of the parties to contribute to the future education of mutual children
- The financial resources of the spouses and the marital property apportioned to the spouses along with the ability to meet their own needs
- The time in which it would take for education or training for the spouse to gain their independence from the alimony payments
- Excessive or abnormal expenditures, destruction, concealment of common property
- The cost of health insurance for the spouse seeking alimony, often due to loss of coverage after divorce
- All criminal damages from conduct convictions for either spouse or child involved
- All of the alimony guidelines followed by the courts are addressed in A.R.S. § 25-319. The courts scrutinize the cases and make their judgments based on all the factors involved.
Hiring Legal Representation for Alimony
When you need help making your case for alimony in the state of Arizona, you need to obtain legal counsel with a family law lawyer who understands the laws associated with alimony. These lawyers can help you sufficiently prove your case and obtain the alimony that you are requesting due to the separation or dissolution of marriage that has left you unable to provide.