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Alimony or Spousal Support in Arizona When You Don’t Have Children

David Cantor explains Alimony or Spousal Support in Arizona:

 

When you get divorced, spousal support may be ordered, even if you don’t have children. Unlike child support though, spousal support is not an automatic entitlement. There are factors that must be present to warrant an order of maintenance.

When a couple separates, often one of you is left in a detrimental financial situation. Perhaps you dropped out of school to marry or you’re facing health issues that preclude employment. Whatever the situation, if certain criteria are met, spousal support will be awarded.

Arizona Revised Statutes, Title 25, Chapter 3, Section 25-319: Maintenance; computation factors, details the criteria a judge must consider when determining spousal support. If certain situations exist, one of you may be entitled to maintenance.

After property has been divided one of you may no longer possess the property required to provide for reasonable needs. If you are unable to sustain self-sufficiency through employment or lack the ability to earn enough, you may be eligible for spousal support.

Perhaps you helped put your spouse through school and neglected your own educational advancement. Now that you are facing divorce your spouse’s additional education gives him an unfair advantage over you in the job market.

Finally, if you have been married for a very long time and are now going through a divorce, your advanced age may make it too difficult to find employment that allows you to be self-sufficient.

If any of these situations applies to you or your spouse, a judge may award spousal maintenance. It is in the state’s best interest to do so, rather than have one of you rely on the state to meet your financial needs to survive. Generally this support will be awarded for a finite period of time, just until you are able to support yourself.

Spousal maintenance is awarded based on many criteria including the other spouse’s ability to pay. The judge will consider several of the following factors when deciding how much to award and for how long.

If you are requesting maintenance, some basic criteria include the length of your marriage, your age, employment history, earning ability and your physical and emotional condition. Other considerations are how long it will take you to obtain the education or training necessary to secure adequate employment and whether this is readily available.

If you’re being asked to pay support, the judge will consider whether you can meet your needs while meeting those of your spouse, and your financial resources, including the property awarded to you in the divorce.

The court will also consider the standard of living established when you were married, both your financial resources, you and your spouse’s ability to meet your individual needs, and any excessive or abnormal expenditures.

Hiring a skilled and experienced divorce lawyer with the Cantor Law Group can help you navigate the complex process of dealing with spousal maintenance. Whether you are seeking a larger payment from your spouse or trying to minimize the amount you will owe, our firm can assist you. You can schedule a free consultation by calling our office at (602) 254-8880 or by sending us an email through our confidential form.

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