Posted on : May 24, 2017, By: Christopher Hildebrand
Alimony and Spousal Maintenance in Arizona
When a couple decides to follow through on their divorce, the separation and divorce agreements are full of numerous conditions that must be met by one or both parties. From child custody regulations to how the estate will be divided, these arrangements and documents are what ensure a divorce or separation goes as smoothly as possible. Alimony and spousal maintenance are almost guaranteed to be outlined in divorce decrees, leading to questions and potential disputes over money following a divorce.
Alimony and Spousal Maintenance in Arizona.
Alimony and Spousal Maintenance in Arizona
Today, we want to take a look at what alimony is, the rationale behind it, and how to best handle alimony and spousal maintenance with your former or soon-to-be-former spouse. If you have any more questions or are in need of a family law team with experience in alimony and spousal support issues, Hildebrand Law is here to help.
What is Alimony?
In the simplest terms, alimony, also called spousal support or spousal maintenance, is a sum of money that one spouse pays to another during or following a divorce. Often, this is due to one spouse being unable to support themselves following a separation financially. Their spouse then helps the lower earner for an amount of time determined by the court. This support is often a set amount of time, but can also be in perpetuity based on the circumstances. Determining alimony is often determined on two levels: if a spouse is entitled to maintenance or support, and then what the duration and amount of the awarded alimony will be.
Their spouse then financially supports the lower earner for an amount of time determined by the court. This support is often a set amount of time, but can also be in perpetuity based on the circumstances. Determining alimony is often determined on two levels: if a spouse is entitled to maintenance or support, and then what the duration and amount of the awarded alimony will be.
Spousal Maintenance Eligibility
The first part of determining alimony is deciding if a spouse is eligible to receive support from the other. According to the Arizona Revised Statutes Section 25-319, there are four main factors in determining if a spouse should be granted a maintenance order. These four are:
If a spouse lacks sufficient property, including the apportioned property, to cover said spouse’s reasonable needs
If the spouse in question faces issues regarding employment, including
Cannot be self-sufficient with employment
Has a child whose age or health status requires the parent with custody to not seek employment outside of the home
Does not have the earning ability in the current market to be self-sufficient
The spouse contributed to the educational endeavors of the other
If the marriage was lengthy, the spouse is at an age where self-sufficiency through adequate employment is challenging
These four main points are assessed against the spouse petitioning for alimony and will help determine if spousal maintenance is a fitting award in the first place.
Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.
After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client
Kevin Park of Hildebrand Law was just what I needed for my divorce. He was very approachable and personable. He was quick to recognize what I needed and provided it quickly and efficiently. I hope to never need a divorce lawyer again, but if I know anyone else who does, I will definitely recommend Kevin.
I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
In the aftermath of divorce proceedings, the dust will settle, and any bad blood or animosity will dissolve. A battle over money can be especially intense, causing parties to be frustrated with the outcome the court has determined for alimony, or perhaps the idea of letting a court decide where your hard-earned funds will go is less than ideal. The team at Hildebrand Law believes that sound, fair litigation is a good way to resolve issues, but mediation and out-of-court settlements can also lead to outcomes best for both parties.
Explaining Briefly Alimony and Spousal Maintenance in Arizona.
Explaining Alimony and Spousal Maintenance Briefly in Arizona
You and your spouse, regardless of your differences, are best equipped to understand your financial situation, as well as where each of you is in life and regarding earning potential. Utilizing an experienced mediator can allow you and your spouse to come to terms that are agreeable and of your own accord, rather than placing your monetary fates in the hands of someone else.
The team at Hildebrand Law understands that divorce is full of twists and turns. Whether you are on amicable terms with your spouse and hoping to resolve your issues quickly, or you are embroiled in a much more heated situation, it is important you come to a resolution efficiently and with as little collateral damage as possible. Our family law professionals understand that alimony and spousal maintenance can be a highly disputed and stressful piece of developing a divorce agreement. That’s why our team is here to ensure you, and your spouse finds the path of least resistance to a resolution. No matter your situation, get in touch with us. Our team has experience in countless family law cases and are dedicated to helping you. Please give us a call and see how we can assist you today. If you have a question about alimony and spousal maintenance in Arizona, please call to speak to one of our experienced Scottsdale and Phoenix Arizona alimony and spousal maintenance attorneys at (480)947-4339.
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