With the divorce rate hovering somewhere around 50%, there’s a significant chance that many couples may need to deal with issues like child custody, child support, property division, and spousal maintenance. Spousal maintenance is also commonly referred to as spousal support and alimony. Many divorcing spouses aren’t too pleased with the prospect of paying their spouse a monthly sum after their marriage has ended. There are several factors the court will consider when determining if and how much spousal maintenance a spouse should be awarded in divorce. Whether you’re seeking support from your ex or trying to make sure your payments to your spouse after divorce won’t bankrupt you, our Arizona family law team can help. Call 480-263-1699 to schedule your free phone consultation today.
There are different types of spousal support in Arizona to meet different households’ needs. A spouse may be issued temporary spousal maintenance orders to financially support a spouse while the divorce is pending. Temporary support may also be ordered to help a spouse gain solid financial footing after the divorce. Temporary spousal support is also sometimes referred to as rehabilitative maintenance. Permanent spousal maintenance will only be ordered in limited circumstances.
You can find Arizona’s spousal maintenance factors and other computation information in A.R.S. § 25-319. There are five reasons that an Arizona family law judge will award spousal maintenance. They are if the spouse seeking maintenance:
If any of these requirements are met, the court will review 13 other factors that can impact spousal maintenance. They are:
It is more likely for support to be ordered in marriages of long duration because there has presumably been more opportunity for one spouse to make sacrifices and otherwise support their spouse’s career over their own. It is also unreasonable to expect a spouse who is near retirement age and has spent most of their life as a homemaker to re-enter the workforce. If you are unsure about whether or not your marriage would be considered long duration, call for your free consultation at 480-263-1699.
Being anything other than upfront and honest about finances in a divorce can come with serious consequences. Marital waste occurs when one spouse purposefully squanders marital funds and resources knowing that divorce is imminent. When one spouse commits marital waste, the other spouse should be compensated accordingly, either through property division or spousal maintenance. Examples of marital waste include:
The duration of a marriage can significantly impact how much spousal support is ordered, and how long it will be required to be paid. The chances of a spouse being awarded permanent spousal support are slim if the marriage wasn’t of long duration. That begs the question of what Arizona divorce courts consider a marriage of a long duration. Some states require that spouses be married a minimum number of years before either can pursue the other for spousal support, but Arizona is not one of them. Every family law judge is different, but a marriage of less than 10 years may be considered short-term in Arizona. If a marriage lasts somewhere between 10 and 15 years, this may be considered medium-term. A marriage of 15 years or longer is generally considered a marriage of a long duration in Arizona.
Just because a marriage is of long duration doesn’t mean that the spouse seeking support will receive spousal maintenance for the rest of their life. All of the factors described above will be used by the judge to calculate spousal maintenance. However, judges will typically order that spousal maintenance lasts around 30-50% of the length of the marriage. For example, if a couple is married for 10 years, a spouse seeking maintenance may be awarded support for 3-5 years. If a couple is married for 20 years, a spouse seeking maintenance may be ordered support for 6-10 years or may be issued permanent spousal maintenance. Someone who was married for 2 years might be issued a few months of spousal maintenance, or none at all. It all depends on the other factors specific to the couples getting divorced.
A spouse who receives support will need to be wary of remarriage if they want to keep receiving support payments. Regardless of the type of spousal support ordered, it will terminate if the recipient spouse remarries. If possible, that spouse should consider waiting until their spousal maintenance orders expire before remarrying. Contact an Arizona divorce lawyer for more information at 480-263-1699.
If you are going through a divorce after a marriage of a long duration, there is an increased chance that the court may order permanent spousal maintenance. The amount of overall money at stake in such a divorce could be much higher than for a marriage of a shorter duration. If other special factors are present, support could be both permanent and substantial. It’s crucial to have a skilled representation in these types of legal matters, or you could be left with an insufficient financial situation for years to come or even the rest of your life. Our Arizona family law team is experienced in several divorce-related issues, including determining a fair spousal maintenance outcome after a marriage of a long duration. AZ Family Law Lawyers can address your issues with promptness and expertise, reducing stress caused by family law issues as much as possible. Get started today with no risk or obligation by scheduling your free phone consultation- you can reach our office at 480-263-1699.
Mesa Location:
1731 West Baseline Rd., Suite #101
Mesa, AZ 85202
Office: (480) 448-9800
Email: info@myazlawyers.com
Website: https://myazlawyers.com/
Glendale Location:
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955
Tucson Location:
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: (520) 441-1450
Avondale Location:
12725 W. Indian School Rd., Ste E, #101
Avondale, AZ 85392
Office: (623) 399-4222
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