Alimony Lawyer Sierra Vista AZ

Alimony (also referred to as spousal support or spousal maintenance) is a mandatory payment from an ex-spouse to the other ex-spouse after divorce.  The intention behind alimony is that one spouse may have been in a position of being financially dependent on the other during the marriage and, without financial assistance, may not be able to support themselves post-divorce. 

Alimony laws can vary from state to state, but there are generally 3 common types of alimony payments: 

1. A lump sum payment
2. In periodic fixed payments (typically monthly) without a specific end date (referred to as “permanent alimony”)
3. Or, some form of temporary (or “rehabilitative”) alimony

Schedule a consultation with us today by calling (520) 335-8037 to get started.

HOW DOES ALIMONY WORK IN ARIZONA?

In Arizona when the judge determines a final spousal maintenance order, the judge references Arizona Revised Statute Section 25-319 for laws and guidance in the matter.

This includes:

A. Whether a spouse is entitled to spousal maintenance, based on factors such as whether one spouse:

• Lacks sufficient property to provide for his or her needs
• Is unable to be self-sufficient through employment for various reasons
• Has made significant financial or other contributions to the training or earning ability of the other spouse
• Had a lengthy marriage or is of the age where employment opportunities may be limited
• Reduced his or her income or employment potential for the benefit of the other spouse

And:

B.  The amount and length of time to which a former spouse is obligated to provide that spousal support.

These factors may include:

• The standard of living established during the marriage
• The length of the marriage
• The age, employment history, earning capacity, and physical/emotional condition of the spouse seeking spousal maintenance
• The ability for the paying spouse to meet his or her own needs while helping to meet the needs of the recipient spouse
• The comparative financial resources and earning capacities of both spouses
• Future education costs of mutual children
• The time needed for the spouse seeking maintenance to acquire adequate education or training to obtain appropriate employment
• And, more . . .

There are three types of alimony in Arizona.  They are:

• Rehabilitative Alimony (most common) – Temporary financial support provided for a limited period for the purpose of the recipient spouse having adequate time to seek employment or education/training needed to obtain adequate employment
• Compensatory Alimony (not as common) – Financial support intended to compensate a spouse who has provided significant financial or other support to the education and employment or income advancement of the other spouse
• Permanent Alimony – This can be required in situations where there is no expectation that one spouse will ever be able to become financially self-sufficient. Although the name implies this type of spousal support order will be required to be paid for life, there are situations that can trigger the termination of a permanent alimony order, including but not limited to: 

○      Remarriage of the two spouses to each other

○      Marriage of the recipient spouse to someone else

○      Cohabitation by the recipient spouse with a new love interest

○      Significant changes to the “payee” spouse’s income or ability to pay

○      A significant increase in the income of the spouse seeking alimony

Also worth noting, alimony is not the same as child support.  In the state of Arizona, child support is determined using a standard formula, whereas spousal maintenance (alimony) is instead decided by a judge.

Generally, alimony will only be required when one spouse can demonstrate a genuine need for financial support, and the other spouse has the capacity to afford it. However, this is at the discretion of an Arizona judge.

Whether you are seeking alimony, feel that you may be required to pay alimony, or seeking a change to an alimony order, presenting a fair and comprehensive case could literally make the difference of tens, if not hundreds, of thousands of dollars over the course of the alimony period. Our spousal support attorney will provide solid representation for parties seeking to secure alimony or those who faced with unbearable alimony obligations.

CONTACT A SIERRA VISTA ALIMONY LAWYER

At Sierra Vista Divorce, you receive a personalized approach to your family law needs.  If your divorce is uncontested, we will help make the process as simple and quick as possible.  And, if your situation requires further assistance, such as a contested divorce or alimony/spousal maintenance, we will strongly fight for your desired outcome.  We endeavor to remain compassionate to your needs and to help you attain your goals.  Contact our office today at (520) 335-8037 for a (30 min) initial consultation.