For many single parents, spousal support provides financial stability for essential costs–housing, food, clothing, and transportation. Spousal support, also commonly referred to as alimony, can be used for education and childcare, healthcare costs, extracurricular activities, and more.
Spousal support in Arizona is a court-ordered payment that one spouse makes to the other following a divorce or separation. The purpose is to help the receiving party maintain a reasonable standard of living and is especially important when there is a significant difference in earnings between spouses.
The following information intends to educate readers on how to get spousal support, the conditions that must be met, and how having an experienced family law attorney can make the entire process go more smoothly.
How Do I Get Spousal Support in Arizona?
Alimony is governed by Arizona Revised Statutes A.R.S. § 25-319, and it’s not automatically granted. It must be requested during divorce proceedings, at which point the court evaluates whether the support is justified.
How Do Courts Determine Eligibility & Amounts?
Arizona courts determine eligibility and the amount of spousal support based on several key factors outlined in A.R.S. § 25-319:
Length of the Marriage
The longer you are married, the more likely you are to receive spousal support. This is especially true if one spouse sacrificed career opportunities to support the other or care for children.
Standard of Living During the Marriage
In an effort to avoid a significant decline for the receiving spouse, the court considers the lifestyle maintained during the marriage.
Age & Health of Both Parties
Alimony is more likely to be awarded when the receiving spouse is older or has health issues limiting their ability to work.
Earning Capacity & Employment History
Each spouse’s ability to earn income is evaluated by the court and whether one spouse needs financial assistance to become self-sufficient.
Contributions to the Other Spouse’s Career
Compensatory support is likely to be awarded when one spouse supported the other through education or career development.
Child Custody & Care
If the receiving spouse has primary custody of children, this may increase the court’s willingness to grant support.
Property Division & Financial Resources
The court looks at how marital assets and debts were divided and whether the receiving spouse has enough resources to support themselves.
Misconduct & Waste of Assets
While Arizona is a no-fault divorce state, financial misconduct, such as gambling away marital funds or substance abuse, can influence spousal support decisions.
What Types of Spousal Support Are Available in Arizona?
Arizona recognizes several types of spousal support:
- Temporary Spousal Support – This is awarded during the divorce process and is intended to provide financial assistance until the divorce is finalized.
- Rehabilitative Spousal Support – Designed to help the receiving spouse become self-sufficient; completing education or job training, for example.
- Permanent Spousal Support – Awarded when the receiving spouse is unlikely to become self-sufficient due to age, health, or other factors.
- Compensatory Spousal Support – Qualifies when one spouse contributed significantly to the other’s education or career advancement during the marriage.
- Transitional Spousal Support – A short-term support fund to help the receiving spouse adjust to life post-divorce.
Do I Need a Lawyer to Get Spousal Support in Arizona?
While you’re not obligated to have legal representation when filing for alimony in Arizona, having an attorney experienced in family law can help by gathering evidence, presenting a strong case, negotiating terms, and ensuring the court considers all factors as they relate to your case and how much money will inevitably be awarded.
An experienced spousal support lawyer can provide critical assistance at every stage of the process:
Evaluate Eligibility
The first thing your lawyer does is assess the financial and personal details of the marriage. The goal is to determine if spousal support is likely to be awarded. Factors such as income disparity, career sacrifices, and contributions to the marriage are considered.
Gather & Present Evidence
To strengthen the case, your spousal support attorney collects and presents financial documents, tax returns, employment history, and other evidence to demonstrate your need for support or the ability of your former partner to pay.
Negotiate Settlements
An experienced lawyer negotiates spousal support terms during mediation or settlement discussions with the goal of reaching a fair agreement without going to court.
Challenge or Defend Support Claims
If one spouse is requesting an unreasonable amount of support, your law team can present counterarguments and evidence to protect the paying spouse’s financial interests.
Modify or Terminate Support
If circumstances change, for example, the receiving spouse remarries, gains employment, or experiences financial hardship, your lawyer can petition the court to modify or terminate the support order.
Enforce Support Orders
If the paying spouse fails to meet their financial obligations, your attorney can take legal action, enforcing the order through wage garnishment, property liens, or other legal remedies.
Where Can I Turn for Quality Spousal Support Representation in Flagstaff?
If you require legal assistance with filing for spousal support, enforcing an order, or negotiating terms, contact the law offices of Antol & Sherman in Flagstaff, Arizona. Our law firm has several family law attorneys with decades of experience providing legal services for alimony cases.
We highly encourage you to reach out to our firm for a free consultation so that you can ask questions about the circumstances related to your divorce or separation and how to best proceed.
Simply reach out today to speak with a Flagstaff alimony lawyer.