Flagstaff Spousal Support Lawyer

Flagstaff Spousal Support Attorney

When determining arrangements during divorce proceedings, some relevant elements to consider may include property division, child support and custody, and alimony. Alimony is also referred to as spousal maintenance or spousal support. If you need an alimony attorney AZ, talk to a Flagstaff spousal support lawyer about this complex area of family law.

At Glazer, Hammond, Ruben & Smets, PLLC, our clients are important to us. We strive to create an honest relationship and ensure that each client is kept well-informed on the progress of their case. If you need experienced legal help, look no further than our skilled and dedicated divorce attorneys.

The Types of Spousal Maintenance in Arizona

There are two forms of short-term alimony and two forms of long-term spousal support. The types of alimony that may apply to your situation will depend on the details of your case.

Short-term options include:

• Temporary Spousal Support: This form of spousal support lasts only as long as the divorce proceedings. It is awarded to help the lower-earning person pay fees during the process. To request this, the spouse seeking alimony must file a petition with sufficient proof as to why financial assistance is needed.
• Rehabilitative Spousal Maintenance: This short-term spousal support begins after the divorce is finalized and only lasts a specified period, typically between one and three years. This alimony type is meant to support the lower-earning spouse while they are transitioning back to supporting themselves. They will be expected to pursue school or apply for jobs.

Long-term forms of alimony include:

• Permanent Spousal Support: This long-term type of spousal maintenance is relatively uncommon in Arizona in comparison to other states. A spouse may be awarded this alimony arrangement if they are approaching old age or are elderly. It might also be ordered if they are disabled or otherwise incapable of supporting themselves. Permanent spousal support is ordered without an end date, but absolvement of the order may occur if their circumstances change.
• Reimbursement/Compensatory Alimony: Reimbursement support or compensatory alimony is usually used for instances where one spouse made sacrifices to support their partner in maintaining or advancing a career. These may include their funds, time, or opportunity to work, among other factors. Those situations are viewed as an “investment” in marital finances, for which a spouse can receive compensatory payment. Its duration is finished upon reaching full compensation.

When and How Much Spousal Maintenance Is Needed?

A spouse can’t simply request alimony payments, and it be awarded to them. The person who wants spousal support must sufficiently meet certain qualifications that Arizona law outlines.

Some major factors the court will review when deciding if a spouse is eligible for alimony are whether they:

• Have a significantly lower income than their spouse.
• Gave up employment to help support the marriage in another way, such as by staying home with children.
• Provided any funds for their spouse’s career advancement, such as additional education.
• Don’t have “sufficient property” to properly care for their needs after the marital property has been divided.
• Are unable to support themselves while looking for a job.
• Have a disability or infirmities that prevent them from effectively working.

The court will also take into consideration how long the couple was married.

The exact amount to be awarded to the low-income spouse, and for how long, will be determined by these factors as well as the couple’s standard of living while married and the job/income that each spouse has or can secure after divorce.

The spousal maintenance must be reasonable. Large payments are usually only likely when the paying spouse has a high income. It is also subject to change as the dependent spouse gains employment, the income of the paying spouse changes, and other applicable circumstances. They aren’t entitled to the exact way of life they had before, but they should be able to live comfortably.

FAQs

Q: What Is the Average Alimony Payment in AZ?

A: Alimony payments will vary from case to case since everybody’s circumstances differ greatly, such as marriage length and the spouses’ income. On average, spousal support payments are determined by being within the “reasonable maintenance” range. To meet this requirement, the alimony must be less than 50% of the paying spouse’s income before the divorce process. It is typically between 15% and 30% of that income.

Q: What Is the Rule of 65 in Arizona for Spousal Support?

A: This rule is relevant when determining the duration of spousal support payments. Normally, the length of time is determined by how long the couple’s marriage was. This is the time between their marriage date and the date of physical separation or the filing of the legal separation petition.

The rule of 65 is applicable when the age of the party seeking alimony plus the length of the marriage amounts to 65 or more. In these instances, the duration of spousal maintenance is decided according to the case details instead of the typical statutes.

Q: How Do You Qualify for Spousal Support in Arizona?

A: A spouse may qualify for alimony in Flagstaff, AZ if they:

• Lack “sufficient property” after divisions to tend to their needs.
• Were married for an extended period of time.
• Suffer from an infirmity or a disability that affects their capacity to work.
• Are otherwise unable to become self-supporting through employment.
• Funded their spouse’s career advancement (ex. education).
• Have a much lower income than their spouse.
• Relinquished the option to work to benefit their spouse/children.

Q: How Do I Avoid Paying Alimony in AZ?

A: It’s possible to not pay for spousal maintenance if the paying spouse can prove that either:

• They are either disabled or otherwise unable to work.
• Their spouse is dishonest about being unable to obtain or maintain employment of their own because of a disability.

Some qualifying conditions for opting out of alimony payments include:

• Being a long-term stay-at-home parent
• Mental illnesses that make permanent employment difficult
• Debilitating physical diseases, like severe arthritis

If You Have Alimony Concerns, Talk to a Spousal Support Attorney

At Glazer, Hammond, Ruben & Smets, PLLC, we understand that divorce can often be a stressful and emotionally tolling process. Our lawyers are ready to relieve some of these issues by using our extensive knowledge and experience with the law to assist with the complicated steps and various technicalities of the divorce process. Schedule a consultation today to get your questions answered and your legal representation started.