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Spousal Maintenance also known as Alimony in Arizona

Spousal maintenance, also referred to as alimony, is a complex area of family law. Unlike child support, spousal maintenance in Arizona is not defined by a pre-existing formula. It is totally up to the judge’s discretion to decide whether to grant alimony in different circumstances, as well as the amount of alimony which should be granted.

Types of Spousal Support

Three kinds of spousal support, or alimony are provided in Arizona:

  • Temporary spousal maintenance – Temporary spousal maintenance is usually ordered at a temporary order hearing, and it usually lasts until the evidentiary hearing.
  • Lump-sum spousal maintenance – A single lump-sum alimony payment may be ordered by the court if both parties agree to such a solution.
  • Monthly spousal maintenance – Monthly spousal maintenance is the most common kind of spousal support granted by courts in Arizona. This type of spousal support usually involves a fixed amount of money which has to be paid over a certain period of time. A change in circumstances may require modification to the monthly spousal support amount.

Since Arizona is a no-fault divorce state, the fault of a party will not be considered when determining spousal maintenance. Factors like gambling, drinking, and use of illegal drugs will not be taken into consideration when making spousal maintenance decisions.

Factors Considered by the Judge

The court will however, consider the following factors when determining alimony:

  • The duration of the marriage
  • Actual income of both parties
  • Potential income of both parties
  • The age and health of a party, that may preclude the possibility of gaining employment to meet their needs
  • The status of division of property, or if a party lacks sufficient property to meet his or her reasonable needs
  • The standard of living during the marriage
  • If a party helped put the other party through school

In Arizona, either husband or wife can seek alimony payments. The spousal maintenance granted could be temporary or permanent. Temporary alimony is granted to the lower-income spouse during the pendency of the divorce process, so that spouse can pay the legal expenses and maintain their standard of living during the divorce process.

Ensuring a Fair and Just Outcome

If incomplete or deceptive numbers are provided for calculation of spousal support, the resulting maintenance order may not be acceptable to the sides. This is why it is important to contact a qualified divorce attorney who will be able to detect if the information regarding income and assets provided to the court is reliable and trustworthy.

The Cantor Law Group has many years of experience in providing fair and acceptable spousal support plans to divorcing couples. Contact the Scottsdale family lawyers at (602) 254-8880 to get the best possible legal representation. The office of David Michael Cantor will pursue your objectives and protect your rights no matter how difficult the divorce case may seem. The Cantor Law Group has an established record of achievement in the field of family law, and will take into consideration issues like your future-finances, your children, and other critical matters that need to be looked at in a divorce.

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