How to Qualify for Spousal Support in AZ

Navigating the complexities of divorce is never easy, and one of the most critical aspects that often requires careful consideration is alimony, also known as spousal maintenance. At The Peterson Law Firm we understand the intricacies of Arizona’s alimony laws and are here to guide you through every step of the process.

What is Spousal Maintenance?

Spousal maintenance, sometimes referred to as alimony, is a court-ordered payment from one spouse to the other during or after a divorce. These payments are designed to support and help the receiving spouse maintain a reasonable standard of living post-divorce.

Types of Spousal Maintenance in Arizona

Arizona law recognizes several types of spousal maintenance

Temporary (During Pendency of the Divorce): Temporary spousal maintenance is awarded during the divorce proceedings to maintain the status quo the parties held during the marriage and ensure that the receiving spouse is able to meet his / her needs during the pendency of the divorce proceedings.
Rehabilitative (Short-Term): This form of support is intended to help the recipient spouse gain the necessary education or training to become self-sufficient. It usually lasts for one to three years.
Permanent (Long-Term): Permanent Alimony is reserved for extreme cases where one spouse is unlikely to become self-sufficient due to age, disability, or other significant factors.
Compensatory (Reimbursement): This alimony compensates a spouse who has made significant contributions to the other spouse’s education or career.

Eligibility for Alimony in Arizona

Factors Determining Eligibility

Arizona courts consider several factors to determine whether a spouse is eligible for alimony, as outlined by Arizona Revised Statutes Section 25-319(a): This law addresses the guidelines and responsibilities related to child support and financial obligations in family law cases:

Insufficient Property: If a spouse lacks sufficient property to meet their needs, they may be eligible for spousal maintenance.
Earning Capacity: A spouse who lacks adequate earning capacity or cares for a young child and cannot work may qualify for alimony.
Contributions to the Other Spouse’s Career: If one spouse made significant financial or other contributions to the other’s career or education, they might be eligible for support.
Length of Marriage and Age: A long-term marriage and the age of the requesting spouse can also influence eligibility.
Career Sacrifices: A spouse who reduced their income or career opportunities for the benefit of the other may be considered for alimony.

How Alimony Amounts are Determined

Simplify the process of determining alimony amounts with an alimony calculator. This tool considers various factors that a court would also take into account, such as:

Standard of Living: The lifestyle enjoyed during the marriage is a crucial consideration.
Length of Marriage: Longer marriages generally result in longer durations of alimony.
Employment and Employability: The court examines the employment history and potential of both spouses.
Income of Each Spouse: The disparity in income levels between the spouses is assessed.
Sacrifices Made: Contributions made by one spouse to the other’s career or household can impact the alimony decision.

The alimony calculator provides an estimate that closely aligns with court considerations. It can help you to avoid uncertainty and make an informed decision about your financial future post-divorce.

Modifying or Terminating Alimony

Conditions for Modification

Alimony orders are not set in stone. Either spouse can request a modification if there are substantial changes in circumstances, such as:

Significant changes in income
Job loss
Serious medical conditions
Retirement
Remarriage or cohabitation of the receiving spouse

Process of Modification

To request a modification, the spouse must:

Gather relevant evidence and documents.
Attempt to reach an agreement with the ex-spouse.
File a “Petition to Modify” with the court, providing reasons and evidence for the requested change.

Consult with The Peterson Law Firm

Understanding and navigating alimony laws can be challenging. At The Peterson Law Firm in Tempe, AZ, our experienced attorneys are here to help you through every step of your divorce and alimony process. We provide personalized consultations to ensure your needs and rights are protected.

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