How Is Spousal Maintenance Calculated in Arizona
One of the main concerns during divorce proceedings is the determination of alimony, spousal support, or spousal maintenance. All result in one spouse paying the other spouse monetary support after a divorce. How does the court determine support/alimony payments during divorce proceedings?
The payment of any form of maintenance from one spouse to another is designed to help the spouse with a lower earning level (or a spouse who has been out of the workforce entirely while raising the children/taking care of the household) to make it through the divorce process and transition to a self-supporting lifestyle post-divorce.
Interesting Facts About Alimony, Spousal Support/Maintenance
Alimony has become less popular with courts in the last decade.
Support is being awarded in fewer cases throughout the nation.
When support is awarded, the trend is leaning towards a short duration.
In divorce cases where both spouses are employed and there’s not a big disparity between their two incomes, it’s unlikely the court will award support payments. However, there are some exceptions to that general observation. While the lack of support payments is becoming the new norm, marriages that last longer than ten years have become the exception with alimony almost an automatic unless the earning capacities of both spouses are substantially the same.
How it Spousal Maintenance Calculated in Arizona | What You Need to Prove
Spousal Maintenance/Alimony May be Awarded by the Court if:
There is not sufficient property to provide for needs reasonably.
There is not sufficient employment to provide for reasonable needs.
The marriage was in place for ten or more years.
The partner who is petitioning for maintenance paid for educational expenses for their spouse.
The Amount of Spousal Maintenance Awarded Depends on:
The lifestyle established during the course of the marriage.
The length of the marriage.
The age of the spouse seeking alimony, employment history, earning capacity, physical and mental condition, etc.
The potential of the spouse being petitioned meeting both spousal maintenance requirements and their own financial needs.
Whether the spouse seeking maintenance contributed to the earning capacity of their spouse during the course of the marriage.
Whether the spouse seeking maintenance’s career or income opportunities were limited for the benefit of their spouse.
The potential financial contribution of both parties for the child’s future educational needs.
Whether or not excessive spending is evident on the part of one of the parties.
Whether or not either party concealed or attempted to conceal community property.