Spousal Support
Family Law Attorneys Assisting Clients With Spousal Support Issues
It goes by many names, including spousal support, spousal maintenance and alimony. There was a time when spousal support was awarded in most divorces because families generally lived on a single income. Things have changed considerably, and two-income households are now common. Nonetheless, spousal support remains an important tool (when needed) to even out financial disparities between divorcing spouses.
At The Shaw Law Group, we are ready to help you in all aspects of your divorce, including petitioning for or against awarding spousal support. We understand that this can be a heated and stressful issue, which is why we strive to help you seek peaceful and cooperative resolutions whenever possible.
Establishing The Need For Spousal Support
Spousal support isn’t awarded in every Arizona divorce. Instead, it is awarded based on need in cases where a significant income disparity between spouses would negatively impact the lower earning spouse. Spouses of any gender can seek support, and payments can be ordered during divorce.
In order to qualify for support, the petitioning spouse must demonstrate financial need by claiming that they would be unable to become self-sufficient through their own employment or cannot work due to disability or advanced age. They may also claim that the property they gain in the divorce settlement won’t be sufficient to provide for their needs.
Petitioning spouses may also tell judges that they contributed significantly to the other spouse’s earning potential and career opportunities during the marriage (by supporting their education for instance), or greatly weakened their own earning potential by leaving the job market to care for children or run the household.
Customizing The Support Award
After considering one spouse’s need and weighing it against the other spouse’s ability to pay, a judge may order spousal support. The court will then decide on how much spousal support should be paid and for how long. These decisions will be based on a number of factors, including how soon the receiving spouse could become financially independent (if ever) and how long the couple was married.
Over time, you can petition the court to modify the award, as circumstances warrant. Our attorneys can help you with that request.
Arizona Spousal Support FAQs
1. What is spousal support in Arizona?
Spousal support—also known as spousal maintenance or alimony—is financial support that one spouse may be required to pay the other after a divorce to help maintain financial stability.
2. How is spousal support calculated in Arizona?
Arizona does not use a fixed formula. Courts consider factors like the length of the marriage, income disparity, standard of living, and each spouse’s financial resources.
3. How long does spousal support last in Arizona?
The duration varies. It depends on the length of the marriage, the receiving spouse’s ability to become self-sufficient, and what the court deems reasonable.
4. Can I modify spousal support after the divorce is final?
Yes. Spousal support orders can be modified if there’s a substantial and continuing change in circumstances, such as job loss or a significant income change.
5. Does remarriage end spousal support in Arizona?
In most cases, yes. Spousal support usually terminates when the receiving spouse remarries, unless the divorce decree states otherwise.
6. What happens if my ex-spouse stops paying spousal support?
If payments stop, you can file a motion to enforce the order. The court may issue wage garnishment or other penalties to ensure compliance.
7. Is spousal support taxable in Arizona?
Under current federal law, spousal support is not taxable income for the recipient and is not tax-deductible for the payer in divorces finalized after January 1, 2019.
8. Can I waive spousal support in a divorce settlement?
Yes. Spousal support can be waived by agreement, but both parties must understand the long-term financial implications and include it in the divorce decree.
9. Is temporary spousal support available during the divorce process?
Yes. Temporary maintenance may be granted while the divorce is pending to help the lower-earning spouse cover living expenses.
10. Do I need a lawyer to request or dispute spousal support?
While it’s possible to handle it alone, having an experienced attorney helps ensure your rights and financial interests are protected throughout the process.
How Can We Help? Contact Us To Discuss Your Legal Needs.
The Shaw Law Group is based in Prescott and Gilbert, Arizona, and we serve clients throughout Maricopa and Yavapai County. If you’re looking for skilled family law representation from attorneys who truly care, ours is the firm to contact. To get started with an initial consultation, call us at our Gilbert office at 480-660-6226, our Prescott office at 928-277-8172, or send us an email.
