Phoenix Spousal Support Attorney
While the rise of dual-income households and no-fault divorce laws have reduced the number of alimony cases in the country, there are still divorces where spousal support or maintenance may become a contentious issue. Whether you are seeking spousal support or need defense in an alimony case, a skilled Arizona spousal support attorney is key to ensuring your standard of living can remain consistent after your divorce. Our dedicated and knowledgeable team at Desert Legal Group can safeguard your financial security and help you reach a positive outcome in your case.
What Is Spousal Support?
Spousal support, also known as alimony or spousal maintenance, is court-ordered support paid by one party to the other in a legal separation or divorce. Spousal support is meant to help the lower-earning or non-earning spouse maintain a standard of living similar to what was experienced during their marriage.
The overall purpose of this process is to provide a fair and equitable financial arrangement that ensures both parties experience minimal financial disruption.
Types of Spousal Support in Arizona
There are several types of spousal support in Arizona. Each type will accommodate a different need. These types include:
- Temporary or Pendente Lite – Temporary spousal support, also called pendente lite, is when a judge orders alimony to be paid throughout the divorce proceedings. The purpose of this temporary support is to help the lower or non-earning spouse afford living expenses and legal costs during the divorce process. After the divorce is complete, the temporary support will end; it may be replaced with ongoing support, or support may be removed entirely.
- Limited Spousal Maintenance – In some situations, one spouse may have made sacrifices via their own money, other assets, or their career to support the other spouse in their own education or career advancement. If this is the case, a judge may order limited spousal support to allow for reimbursement.
- Fixed-Term Maintenance – Though not common, a judge may award fixed-term or long-term maintenance. In general, Arizona does not intend for spousal maintenance awards to be lifelong commitments. Instead, they are meant to help support one spouse while they set themselves up for financial independence after their marriage. However, some circumstances may dictate that one spouse will never be able to become fully independent after marriage, such as when a spouse is disabled or incapacitated.
Which type of spousal support you may pay or receive depends on the circumstances of your case. Our Arizona spousal maintenance attorneys can help you understand the different types that may be applicable to you, how long your spousal maintenance may last, and other details as they pertain to your situation.
Spousal Support Eligibility in Arizona
Arizona Family Court will assign a judge to determine whether or not spousal support is needed in a particular divorce or separation case.
The judge in question will evaluate whether:
- One spouse does not have enough property, even after sharing it with their spouse, to meet their reasonable needs.
- One spouse cannot support themselves through employment or is caring for a young or disabled child, which makes it unreasonable for them to work outside of the home.
- The spouse has the skills or ability to earn enough to be self-sufficient, an aspect known as “earning capacity.”
- One spouse has made a significant financial or other contribution to the other spouse’s education, training, job skills, career, or earning ability.
- The couple had a long marriage, and one spouse is now past their career prime or is otherwise unable to sustain a similar standard of living.
- One spouse has greatly reduced their own income or career opportunities to benefit the other spouse’s career.
Arizona is a no-fault divorce state, meaning that divorcing couples need not provide any reason for divorce other than that the marriage was irretrievably broken.
Spouses also need not prove any marital misconduct, non-financial contributions to the marriage, gender or sexual orientation, or lifestyle choices to receive spousal support.
How Spousal Support is Calculated
If a spouse qualifies for alimony, the court will decide the amount by considering:
- How the spouse asking for support has helped the other spouse advance their career.
- Whether one spouse has given up income or career opportunities to benefit the other.
- How both spouses paid for the children’s education expenses after the divorce.
- How much time and resources are necessary for the requesting spouse to finish an education or training for a job.
- Any unusual spending, hiding, or destroying of property by either spouse.
- The cost of health insurance for the requesting spouse and any savings on health insurance for the other spouse after the divorce.
- Any damages or judgments from criminal actions by either spouse where the other spouse or their child was a victim.
- The standard of living during the marriage.
- Duration of the marriage.
- The age and physical and emotional condition of the spouse seeking support.
- Whether the spouse who would pay support can meet their own needs while also paying support.
- The financial situation, job situation, and earning capacity of both spouses.
- The financial resources and property of the requesting spouse as these factors contribute to their ability to support themselves.
As a resource for judges and lawyers to make equitable and consistent decisions regarding maintenance payments, the Arizona Supreme Court launched an Arizona Spousal Maintenance Calculator. This calculator uses a standardized formula, but should not be used in place of a judge’s decision or the advice of a qualified spousal support lawyer.
Spousal Maintenance Agreements
Divorcing spouses have the legal right to choose not to follow Arizona’s spousal support guidelines. After this decision, spouses must put the agreement in writing or declare it on the court record.
The signed agreement must demonstrate that:
- Neither spouse was coerced or forced into the agreement
- Both of you understand what the spousal support amount would have been if you chose to follow the guidelines
- A judge has decided that your agreement is fair due to your financial situation.
It is important to avoid making any agreements without the support of a court order pursued by a skilled Arizona spousal maintenance attorney. While the decision may be made amicably, any disagreements can turn contentious, and one spouse can deny the agreement with the other. A court order guarantees fair spousal maintenance can be enforced by the court.
Spousal Support Modifications
Spousal support can be modified in Arizona if there has been a substantial change in circumstances that was not anticipated when the original order was made. The most common reasons include the following.
- New Partnership – If the spouse receiving spousal support moves in with a romantic partner, this may be grounds for a modification request. Arizona law requires that any spousal support obligation ends if the receiving spouse remarries.
- Loss of Employment – Even if the paying spouse loses their employment, they are still obligated to pay spousal support. If they cannot do so due to the changed financial circumstances, they must ask the court to modify the order by demonstrating their inability to pay. However, any payments they have not made before the filing will not be adjusted or eliminated.
- Health Issues – Health issues can impact earning capacity. If the paying spouse experiences significant health problems that affect their ability to work or increase their medical expenses, a modification may become necessary.
- Bankruptcy – While spousal support obligations cannot be dismissed in bankruptcy, the paying spouse may be able to request an adjustment to help make their payments more comfortable within their financial situation.
- Retirement – When a person retires, their income usually decreases, meaning they can request a modification in the support to better align with their new financial situation. It is important to keep in mind that retirement benefits, such as Social Security and pensions, are considered by the courts when deciding whether or not to modify the order.
- Changes in Child Custody Arrangements – If there is a change in primary custody or other arrangements, spousal support may be subject to modification. This is especially true in situations where one spouse takes on more childcare responsibilities and needs more support.
- Requesting Modifications – Either spouse can request a modification by filing a petition with the court that issued the original order, as long as there is not a non-modification clause. The requesting spouse should gather financial statements, proof of income or expense changes, medical records, or other official documentation that demonstrates the need for the change. Before requesting the modification, it is essential to consult with an attorney to receive guidance regarding the best way to move forward.
An Arizona spousal support attorney will help with preparing and filing a petition for modification. The petition must include a detailed explanation of the substantial change in circumstances, evidence supporting the request, and the proposed new amount or terms for support. The petition is then served to the receiving spouse, and then they will have an opportunity to respond. The receiving spouse can agree with the proposed modification, contest it, or propose their own changes.
The court may schedule a hearing to review the petition. This allows both spouses to present their documentation and arguments. The judge will evaluate all the information and make a decision based on the evidence provided and legal guidelines. After the court makes a decision, either granting or denying the request, an order will be issued to specify the terms of spousal support. Either party then can file an appeal if they disagree with the outcome.
Failure to Pay Spousal Support
If a spouse fails to pay their court-ordered spousal support payments, they can face penalties, including:
Civil Liabilities
A spouse who is not paying their spousal support can be found in contempt of court. Some consequences include a lien on any property, garnishment of wages, levying bank accounts, and suspension of state-issued licenses. Non-paying spouses can also be subjected to accrued interest and credit impact, as spousal support payments are included on a credit report.
Criminal Penalties
While most of the consequences of not paying spousal support are civil, failing to pay spousal support could come with up to six months of jail and fines, according to the Criminal Code of Arizona. If the payments are not made due to fraudulent activities such as hiding assets or falsifying income, the non-paying spouse could face additional charges like fraud or perjury. They will likely be ordered to pay restitution.
These penalties can be significant and can have a detrimental impact on all parties involved. While one spouse may disagree with the payments they need to make, until a modification is ordered, it is legally binding. Whether you are struggling to make spousal support payments or need to enforce a spousal support order in Arizona, contact Desert Legal Group for skilled representation.
Importance of Hiring a Spousal Support Lawyer in Arizona
Paying or receiving spousal support can have a significant financial impact that should not be taken lightly. Hiring an alimony attorney in Arizona is crucial to protect your rights and receive a fair resolution of your case. The right spousal support attorney can provide multiple benefits, including:
- Legal Experience and Knowledge - Arizona alimony attorneys have specialized knowledge in family law. They are equipped to offer objective guidance customized to your situation to help you achieve a fair outcome that reflects your best interests and protects your rights and finances. A lawyer can also help calculate the amount of spousal support a spouse may be entitled to or be required to pay based on the factors Arizona courts consider.
- Court Representation - Many spousal support cases will proceed to litigation, at which point you will need an attorney skilled in presenting an argument to an Arizona Family Court judge. This is especially important if the case is contentious and negotiations may become heated or difficult.
- Documentation and Paperwork - Court cases involve extensive complex documentation with strict filing deadlines. Arizona alimony lawyers understand how to properly draft, organize, and file legal paperwork while adhering to deadlines.
- Emotional Support - Divorce and spousal support disputes can be emotionally difficult, especially if you have never encountered spousal support issues before. A lawyer can provide much-needed emotional support and guidance throughout the process. This will help you make informed decisions regarding your case.
- Future Support - A lawyer can assist with modifications to support orders if your circumstances change in the future. These are just a few of the ways an attorney can help you navigate the challenges of spousal support, however, your initial consultation will determine how they can help with the specific needs of your case.
Spousal Support FAQs
Spousal support cases are complex and often become contentious. Your situation may need compassionate and knowledgeable legal counsel, especially when your financial future is at stake. The attorneys at Desert Legal Group can answer these and other questions that you may have as you move forward with the process.
Not necessarily. Since Arizona is a “no-fault” divorce state, which spouse initiated the divorce is not a factor the court will weigh when deciding whether or not to award spousal support. The court will assess the length of marriage, financial resources, standard of living, age and health, earning capacity, and contributions both spouses have made to the marriage.
In Arizona, the duration of spousal support varies based on the length of the marriage, any changes in circumstances, and the spouse’s need for support and ability to support themselves. The goal of alimony is to provide financial support while one spouse transitions to financial independence. Often, spousal support lasts for the duration of the divorce process, but it may last until the receiving spouse finishes an education or even indefinitely if they are disabled or incapacitated.
How spousal support will be paid will be decided in court based on the unique circumstances of the case or what the spouses agree upon. The most common method is monthly payments through the Arizona Support Payment Clearinghouse or other third-party services. However, other couples may opt for lump-sum payments, property transfers, direct bank transfers, check payments, or payments through an employer.
These are just a few of the questions you may have regarding spousal support. You will receive personalized answers to these and other questions after a consultation with Desert Legal Group.
Your Arizona Spousal Support Lawyers
Whether you are seeking spousal support, help with modifying or enforcing an existing order, or wish to terminate a spousal support agreement, Desert Legal Group can help. Our experienced Arizona spousal support lawyers have a deep understanding of Arizona divorce law and will work diligently to achieve a resolution that fits your situation.
Contact us today to schedule your initial consultation.