Alimony, also known as spousal support or maintenance, is a court-ordered payment by one spouse to the other after a divorce or legal separation. The purpose of alimony is to help the receiving spouse maintain the same standard of living that he or she enjoyed during the marriage, despite the loss of financial support from the other spouse. Alimony can be a contentious issue during divorce proceedings, and it's important to understand your rights and obligations under Arizona law.
Alimony in Arizona
Arizona Revised Statutes (ARS) § 25-319 governs spousal maintenance in Arizona. The statute defines spousal maintenance and outlines the factors that a court must consider when awarding it. According to ARS § 25-319:
"Spousal Maintenance is financial support paid by one spouse to the other spouse to assist in meeting their reasonable needs. Spousal Maintenance may be granted to either spouse and shall be in such amount and for such period as the court deems just…"
The statute goes on to say that the court must consider a variety of factors when deciding whether to award spousal maintenance, including:
- The length of the marriage
- The age, employment history, earning ability, and physical and emotional condition of each spouse
- The standard of living during the marriage
- The contributions of each spouse to the marriage, including homemaking and childrearing
- The financial resources of each spouse, including any property awarded in the divorce
- Whether one spouse contributed to the education or training of the other
- Whether one spouse has reduced earning capacity as a result of sacrificing career opportunities to support the other spouse's career or education
The court may also consider any other factors that it deems relevant to the case.
Types of Alimony in Arizona
There are three types of spousal maintenance in Arizona: temporary spousal maintenance, rehabilitative spousal maintenance, and permanent spousal maintenance.
1. Temporary Spousal Maintenance
Temporary spousal maintenance, also known as temporary spousal support, is awarded during the pendency of a divorce or legal separation while the case is pending. The purpose of temporary spousal maintenance is to help the receiving spouse maintain their standard of living until the final decree is issued. Temporary spousal maintenance terminates automatically when the final decree is entered.
2. Rehabilitative Spousal Maintenance
Rehabilitative spousal maintenance is awarded to help the receiving spouse become self-sufficient, either through education, job training, or other means. This type of spousal maintenance is designed to provide temporary support until the receiving spouse can support themselves financially. The court may order rehabilitative spousal maintenance for a specific period of time or until certain conditions are met.
3. Permanent Spousal Maintenance
Permanent spousal maintenance is awarded when the receiving spouse is not able to become self-sufficient due to age, disability, or other factors. This type of spousal maintenance can be awarded for life or until the receiving spouse remarries or cohabitates with another person.
Factors Considered in Awarding Alimony
When deciding whether to award alimony and how much to award, the court must consider the factors listed in ARS § 25-319. Some of the key factors that the court will look at include:
1. Length of the Marriage
The length of the marriage is one of the most important factors that the court considers when awarding alimony. Generally, longer marriages are more likely to result in an award of spousal maintenance. However, there is no hard and fast rule, and the court will consider the other factors as well.
2. Age and Health of the Spouses
The court will also consider the age and health of both spouses when deciding whether to award alimony. If one spouse is older or in poor health, they may be less able to become self-sufficient and may need more support.
3. Financial Resources of the Spouses
The court will also consider the financial resources of both spouses when determining whether to award alimony. This includes income, assets, and debts. Generally, the spouse with more financial resources will be required to pay more alimony.
4. Standard of Living During the Marriage
The standard of living during the marriage is another key factor that the court will look at when awarding alimony. The purpose of alimony is to help the receiving spouse maintain the same standard of living that he or she enjoyed during the marriage.
5. Contributions to the Marriage
The court will also consider the contributions of each spouse to the marriage, including homemaking, childrearing, and financial contributions. If one spouse sacrificed their career or education to support the other spouse's career or education, this will also be taken into account.
6. Employment and Earning Capacity
The court will also consider the employment and earning capacity of each spouse. If one spouse is unemployed or underemployed, the court may consider their potential earning capacity when awarding alimony.
7. Education and Training
Finally, the court will consider the education and training of each spouse. If one spouse contributed to the education or training of the other, the court may take this into account when awarding alimony.
Termination of Alimony
Spousal maintenance can be terminated in several ways, including:
- Death of either spouse
- Remarriage of the receiving spouse
- Cohabitation of the receiving spouse with another person
- Substantial change in circumstances, such as a significant increase or decrease in income, or a change in health status
It's important to note that spousal maintenance is not automatically terminated upon the remarriage or cohabitation of the paying spouse. However, if the receiving spouse remarries or cohabitates with another person, this may be a significant change in circumstances that could warrant a modification of the spousal maintenance order.
Modifying Alimony
Either spouse can petition the court for a modification of the spousal maintenance order if there is a substantial change in circumstances. This may include a significant increase or decrease in income, a change in health status, or other factors that make the current spousal maintenance order unfair or unreasonable. The court will consider the same factors as when the original order was entered.
Conclusion
Alimony can be a complex and contentious issue during divorce proceedings. Understanding your rights and obligations under Arizona law is essential to ensuring that you receive or pay a fair and reasonable amount of spousal maintenance. If you are considering a divorce or legal separation, it's important to consult with an experienced family law attorney who can provide guidance on alimony and other important issues in your case.
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