Ending a marriage can be financially difficult if you depend on your spouse for financial support. While Arizona laws allow you to request for alimony also known as spousal maintenance, you must prove eligibility. The divorce court awards spousal support during or after divorce proceedings or in both instances.
Whether you are the higher-earning spouse or the one seeking spousal maintenance, alimony will have a huge impact on your finances. It is advisable to seek the help of a skilled and experienced Tucson divorce spousal maintenance attorney. The lawyer will help you navigate the complexities of spousal support and protect your rights in a Tucson divorce.
Who Qualifies for Spousal Support in Tucson?
The court does not award spousal support in every divorce there is a request for alimony. The family court requires the requesting spouse to prove their eligibility. If you are the one seeking spousal maintenance you must prove that:
- You lack sufficient property to provide for your needs.
- You cannot get the kind of employment you need to be self-sufficient as you don’t have the necessary training or have been out of the job market for too long.
- You must take care of a child of such a young age that you can’t work.
- You helped increase your spouse’s earning capacity by contributing to the cost of their education or training.
- You had a long marriage and are too old to work and become self-sufficient.
If you are the paying spouse, you need to prove that the receiving spouse does meet these requirements. You may also need to prove their lack of need or your inability to pay. Whether you are the paying or the receiving spouse, a skilled Tucson alimony lawyer can help you protect your rights and interests.
Types of Spousal Support in Arizona
There are three basic types of spousal support that an Arizona family law court can award, including:
- Temporary spousal support. The court may grant the lower-earning spouse temporary alimony during divorce proceedings. The aim is to help the receiving spouse address immediate financial needs, including litigation costs. Temporary spousal maintenance often ends with the divorce proceedings.
- Rehabilitative spousal support. The court awards rehabilitative spousal maintenance to help the receiving spouse bridge the income gap and become self-sufficient. The court expects the receiving spouse to actively pursue financial independence by acquiring the necessary training and getting back into the workforce. The award is often in place for one to three years post-divorce.
- Permanent/long-term alimony. This is the least common type of spousal support. The court only grants it in special circumstances, including when factors like age or health significantly reduce a spouse’s ability to earn a living. But, payments are not to last forever with the court allowing the paying spouse to request for modification or termination as necessary.
What Influences Spousal Support Decisions?
The family court in Arizona determines alimony eligibility, size, and duration among other related decisions. Several factors influence the court’s spousal support decisions, including:
- Income and Financial Resources – The court must consider both spouses’ combined annual income based on their respective earning ability. The annual income may also include the couple’s property and assets. Income or financial resources determination may need complex calculations.
- Duration of the Marriage – The length of marriage is an important factor when determining a reasonable alimony award. Often, the requesting spouse may have sacrificed or lost earning opportunities in a long-term marriage to help their partner advance in their career.
- Standard of Living during the Marriage – This is critical when determining the reasonableness of the requested alimony payments. The alimony payments the court grants should help the low-earning spouse continue to live comfortably until they become self-sufficient.
- Age and Health of Both Spouses. The court must consider whether the age or health of a spouse allows them to find employment. If either spouse is too old or too sick to work, then the court must consider what reasonable alimony is in such circumstances.
- Contributions to the Marriage. The family court must also consider non-monetary contributions when making spousal maintenance decisions. The contributions can include homemaking and childcare.
- Ability of the Paying Spouse to Meet Their Own Needs. The court must balance the financial needs of both spouses. It should not happen that the paying spouse cannot support themselves as they make alimony payments.
Modifying or Terminating Spousal Support
Financial or life changes can necessitate the modification or termination of spousal support. Either spouse can request the court to modify or terminate the spousal maintenance order post-divorce. Some of the circumstances that can lead to a modification include changes in income, employment, or financial status of either party.
Life situations that can lead to the termination of spousal support include remarriage, cohabitation of the receiving spouse, and death of either spouse.
Common Challenges and Disputes in Tucson Spousal Support Cases
- Disagreement over amount. Issues around the calculation and fairness of alimony payments are common.
- Non-compliance with spousal support orders. This occurs when the paying spouse refuses or stops paying spousal support. Arizona law provides legal options to enforce alimony payments.
- Emotional and Psychological Challenges. Spousal support or alimony disputes can strain relationships and lead to psychological challenges like anxiety and depression.
Contact a Tucson Spousal Support Attorney
Divorce can be hard to navigate. The determination of spousal support in Arizona is also complex and can be overwhelming for a divorcing couple. However, a skilled spousal maintenance lawyer can ensure you get a reasonable alimony order, whether you are the paying or the receiving spouse.
If you are in Tucson, AZ, contact our skilled and experienced spousal support attorney at RPM Law. We will help protect your rights and financial interests in divorce and alimony proceedings. Contact us today for a free consultation and to learn more about our services.
