Going through a divorce can be a stressful experience. The financial difficulties that come with the divorce, especially if you rely on your spouse’s income for support, can be overwhelming. Understanding Arizona alimony laws can help you know what to expect and plan accordingly. Here is what you need to know about Alimony laws in Arizona and how you can qualify for spousal maintenance during and after the divorce.
How Does Alimony Work in Arizona?
Arizona alimony laws define how a spouse supports the other financially during and after a divorce. This is mostly because the spouse requesting financial support lacks the income or property to support their financial needs. The court may also consider the potential for self-sufficiency for the requesting spouse through employment. However, just because you earn less than your spouse, it does not guarantee that you will get alimony. The law has set out rules for who and when a spouse may get spousal maintenance, including the amount of payments to be made and how long they will last.
Alimony, also known as spousal maintenance or spousal support in Arizona, is an award that one spouse pays to the other after a divorce as a form of financial support. The court will usually look at several factors to determine how much support the spouse will be awarded. These may include the contributions of one spouse to the earnings of the other or the ability of each spouse to provide for the future of the children.
The spousal maintenance guidelines in Arizona ensure that settlements are made and that the awards are fairly predictable and consistent. These guidelines apply as long as you or your spouse has filed for a divorce or legal separation after September 24, 2022. Let’s have a look at these requirements to qualify for alimony.
How Do You Qualify for Alimony?
Alimony in Arizona is particularly useful to individuals who rely on their spouse’s income. The divorce courts can require your spouse to pay you alimony, or spousal maintenance, if you establish eligibility. However, spouses capable of living on their own without financial support usually do not need alimony. To qualify for alimony in Arizona, you need to prove the following:
- Your property is insufficient after marital distribution to support yourself.
- You helped increase the earning capacity of your spouse by contributing to the cost of their education, training, or vocational skills.
- You cannot obtain self-sufficient employment for reasons such as being too long out of the job market or the need to care for a young child.
- Your income or career opportunities have decreased significantly to benefit your spouse.
If your divorce case also includes your spouse seeking to charge you for alimony, you also need to demonstrate their lack of need and your inability to pay. The one with more evidence or convincing reasons is more likely to win. No matter which side you are on, our alimony attorneys in Arizona will present the strongest evidence to get the most favorable outcome.
How Much Alimony Can I Expect to Get?
The amount of alimony you can get in Arizona is not fixed. This will usually depend on several factors related to the spouses and the conditions of the case. Once you qualify for alimony or spousal maintenance in Arizona, you will receive payments based on your earning potential and how you lived as a married couple. Other factors that the court considers include:
- Factors similar to those used in deciding if you qualify
- Your marital standard of living
- Your spouse’s ability to afford to pay alimony
- Age, health, earning capacity, or financial resources of you and your spouse
- The marriage’s duration
- Bad faith and criminal conduct for you or your spouse
When faced with such a case, you need an experienced alimony lawyer who can negotiate an agreement on the amount with your spouse. If no agreement is reached, the lawyer will guide you on seeking the spousal maintenance you deserve.
Consult with Arizona Alimony Lawyers
Every divorce case is different, and the approach used in deciding alimony may vary. If you need alimony to maintain the living standards that you were already accustomed to, speak with an experienced alimony attorney. The lawyer will ensure that your needs are well represented and increase the chances for favorable outcomes. If you are looking for reliable advice and representation, get in touch with our lawyers at Schill Law Group.