Tempe Alimony Lawyers

Marriage is not simply a romantic commitment, though of course it is that too; it’s also an economic arrangement that shapes earning potential, retirement savings, housing decisions, and even career sacrifices. So when a marriage ends in divorce, spouses are often left wondering what happens financially, specifically with regard to alimony. Whether you are concerned about paying alimony or are wondering whether you will receive it, you most likely have several questions, and our Tempe divorce lawyers are here to help. Contact Weingart Family Law for a consultation today so we can discuss your case.

What is Alimony?

Alimony, which is called spousal maintenance in Arizona, is a court-ordered payment from one spouse to the other following a divorce or legal separation. Its purpose is to address financial disparities that may arise when a marriage ends.

Under Arizona Revised Statutes § 25-319, a spouse must first qualify for maintenance before the court ever decides how much should be paid or how long it should last. Generally speaking, a spouse may qualify for alimony if he or she:

• Lacks sufficient property to provide for reasonable needs
• Is unable to be self-sufficient through appropriate employment
• Contributed to the educational opportunities of the other spouse
• Had a marriage of long duration, and is of an age that may make self-sufficiency unrealistic

Are There Different Types of Alimony in Arizona?

Yes. Arizona courts recognize that not every marriage, and not every divorce, looks the same. As such, different types of alimony may be awarded depending on the circumstances. These can include the following:

• Temporary Spousal Maintenance: Awarded while the divorce is pending. This is intended to help a lower-earning spouse maintain stability during the divorce process.
• Rehabilitative Alimony: Designed to allow the receiving spouse time to obtain education, job training, or work experience necessary to become self-sufficient.
• Long-Term or Indefinite Maintenance: More common in longer marriages, particularly where one spouse may not realistically return to the workforce at a comparable earning level.
• Lump-Sum Maintenance: A fixed total amount that may be paid in installments or in one payment. In some cases, this type of award may be non-modifiable.

How is Alimony Determined in Arizona?

Unlike child support, which follows a formula, alimony does not come from a strict calculation. Instead, once eligibility is established, the court evaluates several statutory factors to determine both the amount and duration of maintenance. Some of those factors are as follows:

• The standard of living established during the marriage
• The duration of the marriage
• The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance
• The paying spouse’s ability to meet his or her own needs while paying support
• The comparative financial resources of both spouses
• The contribution of the receiving spouse to the other spouse’s earning ability
• The extent to which the receiving spouse reduced income or career opportunities for the benefit of the other spouse
• The time necessary to obtain education or training to find appropriate employment
• The financial resources and property awarded to the spouse seeking maintenance
• Any excessive or abnormal expenditures, concealment of assets, or destruction of community property

Importantly, judges have discretion when determining alimony amounts, so it’s paramount that you have a skilled team of divorce lawyers in your corner who can effectively advocate your interests, every step of the way.

How Long Does Alimony Last in Arizona?

This is, understandable, one of the most common questions we receive. While there is no rigid rule stating that alimony lasts for a certain percentage of the marriage, duration is often very closely tied to the length of the marriage and the likelihood that the receiving spouse can become self-sufficient.

In shorter marriages, particularly those lasting fewer than ten years, maintenance is often awarded for a limited time.

In marriages lasting ten to twenty years, courts may award support for a more extended period, especially if one spouse has been financially dependent.

In marriages exceeding twenty years, particularly where one spouse is nearing retirement age or has been out of the workforce for a significant period, support may last many years and, in some cases, indefinitely, subject to modification.

Modifying Alimony in Arizona

As life changes, so may the need for or ability to pay alimony. This is why Arizona allows for modification of alimony under certain circumstances, provided the original order was not designated as non-modifiable. Some of the most common grounds for the modification or termination of alimony are as follows:

• A substantial and continuing change in income
• Involuntary job loss
• Disability affecting earning capacity
• Significant increase in the receiving spouse’s income
• Retirement of the paying spouse, if reasonable
• Remarriage of the receiving spouse
• Cohabitation that significantly reduces financial need

To modify maintenance, a petition must be filed with the court, and the change in circumstances must be both substantial and ongoing. Minor fluctuations are typically insufficient.

Contact Our Phoenix Metropolitan Area Alimony Lawyers

If you are paying or receiving alimony in Tempe or anywhere in The Valley, or are looking to receive it in your divorce, our lawyers are here to help. Contact the legal team here at Weingard Family Law for an initial consultation today. We stand ready to build a comprehensive strategy on your behalf.