Arizona Spousal Maintenance Attorneys
Spousal Maintenance Attorneys in Arizona
Are you searching for the best Arizona spousal maintenance attorneys for your spousal maintenance case? The divorce attorneys at Hildebrand Law, PC have over 100 years of combined legal experience handling spousal maintenance cases in Arizona. We have built and defended many spousal maintenance cases and have the knowledge and strategies to build a compelling case for your spousal maintenance matter.
Entitlement to Spousal Maintenance in Arizona
The first issue to be investigated is whether a spouse is eligible for an award of spousal maintenance. Arizona Revised Statute 25-319 authorizes the court to award alimony in Arizona if at least one of the following four factors applies in a case:
1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse’s reasonable needs.
2. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient.
3. Contributed to the educational opportunities of the other spouse.
4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient.
Amount and Duration of a Spousal Maintenance Award in Arizona
If it is determined some is eligible for spousal maintenance, the next issue is to address the duration and amount of spousal maintenance in Arizona. There are some cases where it is debatable whether the spouse seeking spousal maintenance even qualifies for an award of alimony. In those cases, people may choose to negotiate a shorter duration and reduced amount of spousal maintenance or they may choose to litigate the issue of entitlement to spousal maintenance.
The following is a list of the statutory factors a court must consider when determining the amount and duration of a spousal maintenance award in Arizona.
1. The standard of living established during the marriage.
2. The duration of the marriage.
3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance.
4. The ability of the spouse from whom maintenance is sought to meet that spouse’s needs while meeting those of the spouse seeking maintenance.
5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market.
6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse.
7. The extent to which the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the benefit of the other spouse.
8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.
9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet that spouse’s own needs independently.
10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.
11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.
13. All actual damages and judgments from conduct that results in a criminal conviction of either spouse in which the other spouse or child was the victim.
Experienced Arizona Spousal Maintenance Attorneys
As you can, there is a multitude of factors that must be properly addressed by your attorney, whether you are establishing spousal maintenance, or seeking to modify or terminate spousal maintenance in Arizona. Call our experienced divorce and spousal maintenance attorneys at (480)305-8300 to talk about your case today.
As Seen on CBS News, ABC News, NBC News, and Fox News
Arizona Estate Planning Attorneys, PC As Seen in the News.