Alimony Lawyers in Arizona
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Arizona Alimony Lawyers
Alimony Attorneys in Arizona
Alimony also called spousal support, is generally defined as financial assistance given from one spouse to another after the marriage has ended. Also, alimony is either paid from one spouse to the other in installments (usually monthly), or in some cases in one lump sum. In addition, alimony is not the same as Child Support in Arizona. One of the differences between child support and alimony is alimony, if rewarded, is at the discretion of the Arizona Family Court judge. Whereas, child support is usually determined by state-sanctioned (Arizona) guidelines.
By design, alimony provides the lower-income spouse with money for living expenses over and above the money provided by child support. Depending upon the circumstances of your marriage, you or your spouse may be eligible to collect alimony. Arizona law does not discriminate with regard to who can receive alimony – either the husband or wife can be eligible to receive financial support from the other.
Alimony and Spousal Support FAQs
What is Alimony?
Alimony is defined as one spouse’s “provision” for the other spouse after a divorce. Alimony can be paid monthly or in a lump-sum payment.
What is Spousal Support?
Alimony is a payment provided by one spouse after a divorce to a spouse who has low income or did not work during the marriage. If one spouse has given up a career to support the working spouse from home, it would be unfair for that spouse to live without financial support after a divorce.
Difference Between Alimony and Spousal Support?
Some states simply use the term “spousal support” instead of “alimony” because it is seen as less confrontational. Another term that is used interchangeably with them is “spousal maintenance.”
What is the Purpose of Spousal Support?
The purpose of alimony/spousal support is to reasonably provide for the financial needs of a spouse who earned substantially less or didn’t work outside the home after a divorce. The spouse must prove that they have the need, and that their spouse can reasonably provide for it to be awarded support.
Who Qualifies for Alimony?
Either spouse can file for alimony when divorcing, but the spouse who makes less won’t be ordered to pay support to a spouse who makes more.
Can Only Women get Alimony?
Either spouse can be awarded alimony, regardless of gender. The judge will analyze the factors for spousal support without considering the genders of the spouses.
What Do I Do If I Want Spousal Support?
You can include a request for spousal support when you file your petition, or include the request on your response to a petition served on you. Your spouse may agree to provide you with alimony, or you may have to bring the matter before the judge. If this is the case, the judge will review the circumstances of your divorce and determine if, how much, and how long you will receive support.
Is Alimony Tax Deductible?
Alimony payments are tax deductible if the divorce is finalized before the tax deadline. There are then seven requirements that alimony payments must meet to be tax deductible.
The divorced couple must be living separately.
The divorced couple can’t file joint tax returns.
Specify that the payments are alimony as opposed to an addition to child support or property division.
Payments must be made by cash or check.
Follow the order and signify that your payments are tax deductible where applicable.
Specify the term of the support payments.
Don’t front load alimony payments during the first three years of divorce.
What is Temporary Spousal Support?
Temporary Spousal Support is support paid during the divorce proceedings until the divorce is finalized. One spouse may be ordered to pay for the legal fees of the other spouse during this period. The amount awarded after the divorce doesn’t have to be the same as the temporary support payments made during the divorce.
What Do Judges Look at When Awarding Spousal Support?
Judges will look at a number of factors when determining if and how much spousal support to award. If one spouse supported the other while they obtained an education, training, or experience for a lucrative career, the judge will take this into account. The judge will also look at the standard of living during the marriage, and how long it lasted. If the spouse that needs support has the potential to earn a similar income, the amount of time it will take to finish the education and training for that career will be considered. If and how much support is ordered will also depend on if the paying spouse can afford to pay support. Each spouse’s age and condition will be considered, as will if one parent has primary custody of shared children.
Does Length of Marriage Factor into Spousal Support?
The length of the marriage is one of the factors a judge will consider when deciding if and how much spousal support to order.
Does the length of a marriage factor into spousal support?
In Arizona, marriages lasting 20 years or more are considered long duration marriages, but this varies by state. Marriages of 10-20 years are medium duration marriages, and marriages of less than 10 years are short duration marriages.
What Happens if I am Awarded Alimony and then Remarry?
In Arizona, remarrying will allow your former spouse to petition the court for termination of your alimony payments. .
Arizona Family Law Lawyer Service Areas:
- Surprise Divorce Lawyer
- Peoria Child Visitation
- Tempe Family Law Attorney
- Tucson Child Custody
- Phoenix Paternity Rights
There are actually many factors that the Arizona courts will take into account when determining spousal support and if it should be awarded. Having experienced Arizona alimony lawyers working for you is essential to the success of your case.
If you are considering filing for divorce, it is a good idea to have an idea of what you can expect to either pay or be paid in child support and spousal support if you get divorced. Everyone has unique circumstances and an Arizona Alimony Attorney can work with you to help determine what type of alimony could be involved.
Factors Used by Arizona Family Court to Determine Alimony:
- How long you have been married
- The financial resources of each spouse
- The age and condition of each party
- Standard of living during the marriage
- Emotional and physical health of each spouse
- Marital contributions of each spouse.
There are several different types of Alimony that can be awarded to a spouse in Arizona. Seek the assistance of an experienced Arizona alimony lawyer; especially, as the determination of the spousal support will often have a direct and profound impact on the rest of your life. Our Arizona alimony lawyers know the importance of this process and are prepared to provide our clients with reliable, high-quality, family law assistance when it is needed most.
How is Spousal Maintenance Calculated in Arizona?
There is no hard and fast way to determine spousal maintenance or alimony in Arizona. There used to be a formula called the Maricopa County Marital Duration Factor. However, it has gone by the wayside and is no longer used to determine alimony in Arizona. Spousal Maintenance is determined by analyzing the circumstances of each case. An experienced Arizona Alimony Attorney can make a difference in presenting your side of the case in a spousal maintenance case.
The award of spousal support is ultimately ordered by the judge, and it’s up to his discretion. Some judges have their own beliefs in what is considered a short-term marriage. Regardless, each case will have alimony decided on the merits of each spouse in the divorce. If you are seeking alimony, you’ll want your side to be presented by an experienced Arizona Alimony Attorney. Our family lawyers have settled hundreds of spousal support cases in Arizona and would be a great asset for your case.
CONTACT ARIZONA’S BEST FAMILY LAW LAWYERS
Therefore, if you have questions regarding your potential spousal maintenance, or if your case is a little more complicated than others, it is best that you talk to a lawyer. In Arizona, My Arizona Lawyers, PLLC is a competent, effective, professional, advocate in spousal support cases. Our attorneys regularly get favorable awards for clients. Thus, contact our Arizona Family Law Office today, we offer consultations for Divorce, Child Custody, Child Support, and Alimony cases in Arizona. Call (480) 480-680-9126 for legal guidance and representation.