Alimony or Spousal Maintenance

Will I have to pay alimony?

?Alimony? as it is called in some states is the same thing as ?Spousal Maintenance.? In Arizona, the term ?Spousal Maintenance? is used. Although the Maricopa County Superior Court adopted a set of ?Spousal Maintenance Guidelines? which provides a formula to calculate spousal maintenance, such guidelines are generally only used by the judges to see if their own separate determinations are reasonable. Some judges do not use the guidelines at all.

Arizona Revised Statute Section 25-319 sets forth the factors regarding whether a person is entitled to spousal maintenance, and if so, how long and how much. The statute does not provide a specific formula, but rather a list of general factors. Such factors include, but are not limited to the following.

Whether a Party Is Entitled To Spousal Maintenance Depends Upon:

1. Whether a party can meet their reasonable needs through appropriate employment.
2. Whether a party has other property to help them meet their reasonable needs.
3. Whether a party is disabled and unable to work.
4. Whether a party has young children and should be allowed to stay home or work part time.
5. Whether one of the parties contributed to the educational or career opportunities of the other spouse.
6. Whether the parties had a long marriage, and whether the requesting party is of an age which may preclude the possibility of obtaining adequate employment.

How Much Spousal Maintenance And How Long Depends Upon:

1. The standard of living during marriage.
2. How long the parties were married.
3. The age, employment history, earning ability, physical and emotional condition of the parties.
4. Whether the other party can pay spousal maintenance and still meet his or her own reasonable needs.
5. Whether one of the parties makes more money or has more property than the other party.
6. Whether one of the parties contributed toward the other spouse?s career opportunities.
7. Whether one of the parties sacrificed his or her own income or career opportunities for the benefit of the other spouse.
8. The time necessary to acquire sufficient education or training to obtain appropriate employment, and whether this is possible.
9. Whether one of the parties wasted or hid community assets or property.

The firm will provide you with its opinions regarding spousal maintenance (whether you are entitled to it or whether you may need to pay it) during your consultation.