Alimony & Spousal Maintenance
Most people are familiar with the idea of alimony or spousal maintenance as it is known in Arizona. Spousal maintenance is the monthly amount of money that one spouse will pay to the other during and after the divorce proceeding.
There are three issues to consider in determining an award of spousal maintenance:
1. Is a spouse eligible to receive spousal maintenance? If the answer is yes...
2. How much will the other spouse have to pay?
3. And, for how long?
There are several statutory factors that are considered when determining if a spouse is entitled to an award of spousal maintenance. Those include, but are not limited to, the resources of the spouse seeking an award of spousal maintenance, employment status, employment history, earning ability, reasonable needs, their income disparity, length of marriage, age, and standard of living established during the marriage.
In Arizona there is a long history with regard to spousal maintenance. Years ago the Legislature established Spousal Maintenance Guidelines. These Guidelines were quite controversial and not used or accepted by all Courts. Years went by and some Judges used the Guidelines, while others did not, making it virtually impossible for a lawyer to advise a client. Several more years went by and the Legislature addressed the issue once again by re-issuing the Guidelines. The Legislature was basically advising the Judicial Branch that they wanted these Guidelines to be used in the Courts. Then in 2009 the Maricopa County Family Court Bench (the Judges that hear divorce cases) said they were not using the Guidelines and, in fact, they won't even consider them when making a determination on a request for spousal maintenance.
As a result of the history of spousal maintenance in Arizona, spousal maintenance remains one of the most highly contested and litigated issues in a divorce or legal separation. If you believe you may be entitled to an award of spousal maintenance or your spouse is seeking an award of spousal maintenance from you, Owens & Perkins strongly encourages you to get a lawyer.
If you are interested in contacting Owens & Perkins about Alimony and Spousal Maintenance, click here or call us at 480.994.8824.