Alimony Lawyers in Arizona

ANSWER:

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.

ANSWER:

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.

ANSWER:

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.”

ANSWER:

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.

ANSWER:

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.

ANSWER:

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.

ANSWER:

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.

ANSWER:

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.

1. The divorced couple must be living separately.

2. The divorced couple can’t file joint tax returns.

3. Specify that the payments are alimony as opposed to an addition to child support or property division.

4. Payments must be made by cash or check.

5. Follow the order and signify that your payments are tax deductible where applicable.

6. Specify the term of the support payments.

7. Don’t front load alimony payments during the first three years of divorce.

ANSWER:

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.

ANSWER:

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.