Alimony to a Working Spouse in Arizona
Court Award of Alimony to a Working Spouse in Arizona
Can the court award alimony to a working spouse in Arizona? The short answer is, yes. According to Division One of the Arizona Court of Appeals in the appellate case of Boyle v. Boyle, a trial court in an Arizona divorce or legal separation has the authority to award Alimony in Arizona to a spouse even though he/she has not demonstrated they are unable to financially support themselves.
The court reasoned that a spouse is no longer required to prove at trial that he/she is unable to financially support themselves as a result of a 1987 amendment to the spousal maintenance statute (i.e., A.R.S. Section 25-319(A).
Other factors in the statute, therefore, become important to argue at trial in a situation wherein a spouse who otherwise is able to support themselves still seeks an award of spousal maintenance. Specifically, the length of the parties’ marriage, the extent to which either party contributed to the educational opportunities of the other spouse, the standard of living during the marriage and whether the spouse has sufficient property to provide for his/her reasonable needs.
The Boyle decision will most certainly increase the number of spousal maintenance cases that will proceed to trial as spouses who otherwise can support themselves will very likely pursue a claim for spousal maintenance from the other spouse. Time will tell.
It is imperative that you or your attorney do an extensive investigation into all of the statutory factors that a court must consider when determining whether to award a alimony in an Arizona divorce or legal separation case. Additionally, the court does not have to give each statutory factor the same amount of weight.
These variables make building or defending an Arizona alimony case extremely complicated; particularly when you understand there are thirteen factors the court must consider if the court determines an award of alimony is appropriate.
For example, the court must consider the parties respective incomes, the amount of property each party owns, the length of the marriage, the ages of both spouses, the extent to which either spouse contributed to the education or career advancements of the other party, the standard of living the parties maintained, and even the extent to which both spouses will contribute to their children’s college education.
These are just a few of the factors the court will consider in an alimony case in Arizona. All of these factors, and several more need to be thoroughly investigated to build the best alimony case to present to your judge.
Contact Our Scottsdale and Phoenix Arizona Alimony Attorneys
A court is required to consider many factors when issuing an award of alimony. It is imperative that your Arizona divorce attorney has experience representing clients in many alimony cases throughout his or her career.
Call us at (480)305-8300 to schedule your personalized consultation with one of our divorce attorneys with experience in alimony in a divorce in Arizona.
Chris Hildebrand wrote this article about paying alimony to a working spouse to ensure everyone has access to information about child support laws in Arizona. Chris is a divorce and child custody attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through in a divorce.