What Makes You Eligible for Alimony
- posted: Sep. 20, 2022
- Divorce
Alimony, also known as spousal maintenance, may be available in a divorce in Arizona. It is intended to be temporary — providing financial support for a spouse who requires time, education and/or training in order to become financially independent. Establishing eligibility for alimony requires showing a need on the part of one spouse as well as the ability of the other spouse to pay.
Arizona law provides that a court may grant spousal maintenance in any of the following situations:
- A spouse does not have sufficient assets to provide for his or her reasonable needs.
- A spouse cannot earn enough money to be self-sufficient, due either to a lack of training or education or to a young or disabled child’s need for an unusual amount of care.
- A spouse financially contributed to the career and/or business opportunities of the other spouse.
- The marriage was of long duration and one spouse is unlikely to obtain employment sufficient to support himself or herself because of age.
- A spouse sacrificed for the sake of the other spouse’s career, forgoing business, financial and/or career opportunities.
Once eligibility is established, a court will determine the amount and duration of alimony by considering such factors as these:
- The standard of living of the family during the marriage
- The length of the marriage
- The age, employment history, earning ability and physical and emotional condition of the spouse receiving maintenance
- The ability of the paying spouse to meet his or her own needs while meeting those of the recipient spouse
- The comparative financial resources and earning abilities of the spouses
- The contribution of the recipient spouse to the earning ability of the paying spouse
- The extent to which the recipient spouse has reduced his or her income or career opportunities for the benefit of the other spouse
- The ability of both spouses to contribute to the future educational costs of their mutual children
- The financial ability of the recipient spouse to meet some of his or her needs independently
- The time necessary to acquire sufficient education or training to enable the recipient spouse to find appropriate employment and the availability of such education or training
- The cost for each spouse to obtain health insurance for themselves and family members
There are other factors a court may consider in arriving at the amount of a spousal maintenance award. An experienced Arizona divorce attorney can analyze your situation and help you secure a fair and manageable support arrangement, whether you are the recipient or the payer.
If you are considering a separation or divorce in Arizona, the attorneys at Clark & Schloss Family Law, P.C. in Scottsdale are ready to assist in all aspects of your case, including spousal maintenance. For a free initial consultation, call us at 602-789-3497 or contact us online.