Your Legal Solution for Arizona Spousal Support & Alimony Matters
Without an equitable settlement agreement, the dissolution of a marriage can be a financially devastating event for spouses who are not economically secure on their own. The office of Steven C. Weinstein provides you with an experienced divorce attorney in Tucson who will make sure that you receive the fairest and best settlement possible when it comes to matters of spousal support and alimony.
Providing You Effective Answers For Alimony Questions and Divorce Law In Tucson
Many misconceptions surround the concept of alimony, or "maintenance", as it is called in Arizona. To begin with, maintenance is not automatically granted in a divorce. A court will only grant maintenance to a spouse who can demonstrate a need for it, if the parties cannot otherwise agree to a financial settlement on their own. Either spouse may ask for maintenance if they can demonstrate a need for it.
The reasons behind the breakup of the marriage or who was at fault for the divorce has no bearing on maintenance awards. The only consideration is the financial need of the party who petitions for it.
The concept of spousal maintenance is entirely separate from child support. The court can still order one to pay child support even in instances where spousal maintenance is not granted or unnecessary.
Alimony Basics In Arizona
A court is able to grant maintenance to either spouse, provided that the spouse either:
- Lacks sufficient property to provide for that spouse's reasonable needs.
- Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek work outside of the home.
- Contributed to the educational opportunities of the other spouse (for instance, if one paid for the other spouses' school tuition, etc.).
- Had a marriage of long duration and is now too old to obtain adequate employment that would allow someone to be self-sufficient.
Once a court determines that a spouse should be entitled to financial support, a separate inquiry is made to determine how much maintenance he or she should be given, and for how long. For this question, the court will consider all relevant factors, including:
- The standard of living established during the marriage.
- How long the marriage lasted.
- The age, work history, earning ability and physical and emotional condition of the spouse seeking maintenance.
- The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse seeking maintenance.
- The comparative financial resources of the spouses, including their comparative earning abilities in the labor market.
- The contribution of the spouse seeking maintenance to the earning ability of the other spouse.
- The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse.
- The ability of both parties after the dissolution to contribute to the future educational costs of their children.
- The financial resources of the party seeking maintenance.
- The time necessary to acquire sufficient education or training to allow the party seeking maintenance to find appropriate employment and whether such education or training is readily available.
- Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community property that the other spouse would otherwise be entitled to.
- The cost for the spouse who is seeking maintenance to obtain health insurance.
- All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim.
In determining the appropriate amount of spousal maintenance, it is not relevant why the marriage ended or who was to blame for it.
Contact Steve Today For All Your Alimony Concerns
Steven C. Weinstein has an excellent reputation among divorce attorneys in Tucson for his experience, dedication and commitment to getting his clients the best possible result in cases involving alimony or spousal support. Whether you are in need of support, or wanting to contest an order for support, contact the law office of Steven C. Weinstein today.