Does Cheating Affect Alimony in Arizona?
If you’ve ever watched a movie about divorce, they make it seem as if they can’t wait to take their future ex to the cleaners. They make it seem as if they can get tons of money from their spouse in the divorce because they have dirt on them. In other words, because their spouse cheated, they’ll get extra money. Your Arizona divorce attorney will tell that this isn’t true. In reality, it doesn’t matter if your spouse had an affair with every woman and man in your neighborhood. The judge does not care.
When it comes to alimony, there are only a few things the court cares about. They want to look at the income of both parties. They’re also going to look at the education of both parties. All they really are concerned with is that both spouses can maintain a normal and financially sound lifestyle after the divorce. Your Arizona divorce attorney will make sure you get a fair settlement.
You Don’t Need to Prove Adultery to Get Divorced in Arizona
For the most part, when people get divorced these days, the court doesn’t expect any special grounds listed. Years ago, you had to let the court know why you wanted to get divorced. Perhaps your spouse cheated on you. Or maybe they were abusive or couldn’t have children. It’s not like that anymore. Today, most people just cite irreconcilable differences on their divorce petition. Essentially, they’re telling the court that they can’t maintain the marriage and don’t expect things to change anytime soon.
What this means is that you’re not going to make your spouse look bad by citing their affair. Judges have heard just about every story out there. Your Arizona divorce attorney will not win any points by smearing your wife or husband’s name. That’s why it’s not a good idea to throw an affair in your spouse’s face when asking for alimony.
Alimony Has Nothing to Do with Whether Your Spouse Cheated
The way alimony is determined is by looking at the financial positions of the spouses. The court wants to make sure that one party doesn’t walk away with millions while the other spouse is waiting in the line at the food bank. Sometimes, one spouse stays home and takes care of the children for years while the other one goes out and works. It’s not fair to hold that against either party. The family law judges need to make sure both parties can enjoy a life somewhat similar to what they have before the divorce. Your Arizona divorce attorney isn’t going to let you walk away with nothing. It has to be fair.
What Does the Court Consider When Determining Alimony in Arizona?
The court is going to look at facts in order to determine alimony. They don’t want to hear about what a terrible person your spouse is. They don’t care if your wife or husband cheated on you. They don’t care that you think you’re smarter than the other spouse. They only want to look at the following things:
- The income of each spouse
- The education level of each spouse
- The age of the children
- The custody arrangement
- The earning potential of each party
If after looking at all of this, the court feels one party is entitled to alimony, they will issue an order indicating as much. Your Arizona divorce attorney will make sure that you aren’t hung out to dry. You should call and talk to one of our experienced attorneys as soon as possible.