Spousal Maintenance Attorney In Scottsdale, AZ
Spousal maintenance can cause financial concerns, both for the spouse requesting it and the spouse who may need to pay it. When you get a divorce, you need a Scottsdale spousal maintenance lawyer by your side to help you advocate for fair spousal maintenance in a way that protects your financial resources.
Hire a Spousal Maintenance Lawyer in Scottsdale
When you file a divorce or legal separation with the Maricopa County Superior Court, there are several elements and costs to worry about. With the right legal support, you can limit some of this stress.
At Ellsworth Family Law, P.C., our team has two Certified Family Law Specialists, and we have spent over 20 years supporting families in Arizona communities. One of our attorneys is part of the American Academy of Matrimonial Lawyers. Our firm is exceptionally qualified to help you in your spousal maintenance case.
Our attorneys work closely with you and provide comprehensive support. We can help you fight for the financial support you deserve or help you avoid paying more than is fair.
Understanding Spousal Maintenance
Spousal maintenance does not affect all divorces, but it is an important consideration in many. The divorce rate in Arizona was 2.0 divorces per 1,000 inhabitants of the state in 2023, compared to 2.4 per 1,000 across all reported states. It offers financial support to spouses who cannot meet their own needs or need help to become self-sustaining.
Who Qualifies for Spousal Maintenance in Scottsdale?
When a couple legally separates or discloses their marriage, either spouse can request spousal maintenance in Scottsdale, Arizona. The court can grant maintenance if one of the following is true about the spouse requesting maintenance:
- They don’t have enough property to meet their basic needs, considering both their separate property and their portion of community property.
- They don’t have the employment-earning capacity needed to be self-sufficient.
- They are the parent of a child, and it would be unreasonable to require the parent to be employed out of the home because of the child’s age or other needs.
- They made significant contributions to the other spouse’s career, education, or earning capacity, financially or otherwise.
- They have reduced their own income or career opportunities for the benefit of their spouse.
- They were married for a long time, and are now at an age that limits their ability to be self-sufficiently employed.
What Factors Does the Court Consider When Awarding Spousal Maintenance?
If the court decides to award spousal maintenance, then several things have to be considered. The court reviews a set of factors to determine the amount and duration of spousal maintenance, including:
- The couple’s standard of living while they were married
- The duration of the marriage
- The requesting spouse’s age, earning capacity, history of employment, and physical and emotional condition
- The other spouse’s ability to meet their own needs while providing for the requesting spouse’s needs
- Each spouse’s comparative economic resources and earning capacity in employment
- The requesting spouse’s contributions to the earning capacity of the other spouse
- How much the requesting spouse has lowered their own income or career opportunities for the other spouse’s benefit
- Each spouse’s ability after separation to provide for the educational funds for their shared children
- The requesting spouse’s financial resources, including community property, and their ability to meet their own reasonable needs with those resources
- How long the requesting spouses need to secure education or training to be self-sufficiently employed
- Whether either spouse engaged in community asset destruction, hiding, spending, or fraudulent disposition
- The cost of health insurance for the requesting spouse and the lowered cost of health insurance for the other spouse after the divorce
- The cost of damages or judgment when one spouse was criminally convicted, and the other spouse or their child was the victim of the offense
The Scottsdale median income is nearly $104,900, and the income of each spouse can have a significant effect on the amount of support awarded. The goal is to award spousal maintenance in a way that helps the spouse become self-sufficient so they no longer need spousal maintenance.
FAQs
What Qualifies a Spouse for Alimony in Arizona?
There are several reasons that may qualify a spouse for alimony in Arizona, including 1) not having sufficient separate and community property to meet reasonable needs, 2) not having the earning ability to be self-sufficient, 3) having a child at an age or with a condition that should not require the parent to be employed, 4) having made substantial contributions to the other spouse’s income or career, or 5) the marriage lasting a long time and being outside employment age.
How Long Does Spousal Maintenance Last in Arizona?
Spousal maintenance in Arizona is awarded for a period of time that the court decides is necessary until the spouse receiving maintenance can become self-sufficient. Several factors are considered when determining this timeline. Because of this, the timeline for spousal maintenance varies on a case-by-case basis. Spousal maintenance can also be modified when there are financial or other changes in either party’s life, unless it was made to not be modifiable.
How Can You Avoid Paying Alimony in Arizona?
Not all divorces in Arizona involve alimony, but if the court orders you to pay alimony, you cannot refuse to pay it. Prior to a court order, there are ways you may be able to avoid or minimize the alimony you pay. When you and your spouse reach an agreement outside of court, you may agree not to establish alimony in exchange for certain community property. This may not always be possible, and the court must approve the final agreement.
Do I Have to Financially Support My Wife After a Divorce?
After a divorce, you may or may not have to financially support your wife or spouse, depending on the divorce decree. Spousal maintenance is part of some divorces, and you could be charged with contempt of court if you do not pay. However, some couples do not have spousal support as part of their divorce. When you work with an attorney, they can help you understand your options regarding support.
Scottsdale Spousal Maintenance Attorney
When you hire a spousal maintenance lawyer, it’s important that they help support your family’s future. These cases can become emotional and contested, and Ellsworth Family Law, P.C. helps you focus on your interests. Contact our firm today.
