Spousal Support Lawyers
Attorneys In Flagstaff

Temporary Spousal Maintenance

Temporary spousal support is a form of financial assistance to help a married couple during divorce proceedings to assist both spouses in maintaining their standard of living. This temporary spousal support is intended to help the financially weaker party during this difficult time by providing them with the necessary resources.

Permanent Spousal Maintenance

Permanent spousal maintenance is a form of ongoing financial support to a spouse who is unable to financially support themselves after a divorce. It is usually only awarded when the dependent spouse has a disability or age-related issues that prevent them from becoming self-sufficient. Permanent spousal maintenance has become increasingly rare, but can still be awarded if deemed necessary.

Rehabilitative Spousal Maintenance

Rehabilitative spousal maintenance provides financial assistance for a limited period of time to assist one spouse in obtaining training, education, and job skills necessary to gain employment. This type of temporary alimony can help a spouse become self-sufficient while they are transitioning into the workforce. It is commonly awarded in longer-term marriages and helps cover the costs associated with obtaining a degree or certificate, job search expenses, and other expenses associated with finding employment such as transportation or childcare.

Limited or Reimbursement Spousal Maintenance

Reimbursement spousal maintenance is a form of support awarded by the courts to a spouse who has helped their partner attain higher education or improve their earning capacity during the marriage. This type of support does not depend on either party’s financial need, but rather compensates for any lost opportunity costs that may have been incurred as a result of one spouse having to take a lesser job to help support the family while the other pursued more lucrative training or career advancement. In essence, it is a way of rewarding contributions and making up for any loss of earnings that were sacrificed due to marriage obligations.

Eligibility for Spousal Maintenance

What determines if a spouse gets alimony will differ from state to state. Arizona alimony laws take into consideration a variety of factors such as:

• The length of the marriage.
• Each party’s age and health.
• The division of property.
• Each party’s educational level.
• Earning capacity of the parties.

Feasibility that the party seeking alimony/maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage.

The amount and duration of support needed to enable a party to achieve this goal.
If one spouse has significantly higher assets than another or earns significantly more income than their partner then they may be required to provide financial support for their former partner for a certain period. Ultimately, it is up to the court’s discretion as to whether one party should pay alimony to another with all relevant factors being taken into consideration before a decision is reached.

Amount and Duration of Spousal Maintenance

When it comes to determining the amount and duration of spousal maintenance, courts consider many factors. Some of these are the same factors used to decide if you qualify for spousal maintenance in the first place, such as your marital standard of living, the age, and health of both parties, their earning capacities, and relative financial resources. Courts also look at whether or not the paying spouse can afford alimony payments without becoming destitute. The length of the marriage is also taken into account – generally, marriages lasting longer than a decade may result in a longer duration for spousal support payments. In addition, any bad faith or criminal conduct on either party’s part could play a role in deciding how much and for how long alimony is awarded. Ultimately, these and other considerations will be weighed to determine an appropriate award that meets both parties’ needs while providing reasonable financial security.

Failure To Pay Spousal Support

If you fail to pay court-ordered spousal support, there can be serious consequences. The court may take enforcement action, such as placing a lien on your property, seizing your tax returns, collecting payments through an income withholding order, or levying against your bank account. This can potentially leave you with assets that are difficult to access and cause financial hardship.

If you are a spouse who has not been paid alimony, then you should take immediate action and contact the court. You should provide proof of payment and inform the court that they are not receiving their agreed-upon spousal support. Additionally, you will want to seek legal advice from an attorney experienced in family law matters who can help you understand your rights and options for enforcing payment of alimony.

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