Arizona Spousal Maintenance Explained
Spousal maintenance or alimony, as is sometimes called, is a discretion of the family court. While making such an award, the court looks at various factors, one of which is the length of a marriage. There are higher chances of spouses from lengthy marriages filing for alimony receiving their request than those from shorter marriages. The other factor given consideration by the court is the monthly earnings of both spouses. However, the overriding factor given the upper hand by the court is the ‘reasonable needs’ presented to the court by the requesting spouse. If you want to know whether your needs are acceptable before the court contact a Scottsdale divorce attorney to clear any grey areas concerning the matter.
In Arizona, a request for spousal maintenance goes through two stages. First, the court examines how valid the request is. If it is satisfied that indeed the requesting spouse deserves it, the court moves on to the second stage, where it seeks to establish or determine the amount of support as well as the duration of support. In the event of divorce, it is vital to seek the services of an experienced Scottsdale divorce lawyer for guidance.
At the first stage, the court looks for various factors validating a request for alimony. It will examine whether the spouse lacks sufficient property to support their ‘reasonable needs’. If a spouse is not self sufficient through employment or is the custodian of a child or children who restrict him/ her from seeking employment, he/ she has sufficient ground to claim for alimony. Other factors include contributed towards the education of the other spouse or a long stay in the marriage to an age that doesn’t permit employment.
In establishing the amount and duration of support, the court looks at quite a number of factors, including living standards established in the marriage, the duration of the marriage, contribution to the other spouse’s earning ability, the earning abilities of both spouses and ability of the other spouse to meet the ‘reasonable needs’ of the requesting spouse, among others. Get in touch with a Scottsdale family law attorney to familiarize yourself fully with the law before applying for alimony.
Our Office14301 N 87th St Suite 211
Scottsdale, AZ 85260