Mesa Spousal Maintenance Lawyer
Providing Assistance with Obtaining or Contesting Maintenance Orders
In Arizona, spousal support, or alimony, is called spousal maintenance. Spousal maintenance payments are made from one spouse to another during or after divorce. The amount and duration of the spousal maintenance payment is determined by agreement, or the court, if no agreement is reached. Whether spousal maintenance should be modifiable or non-modifiable should also be discussed.
Deciding Spousal Maintenance
Some couples who are still on amicable terms may be able to make their own spousal maintenance arrangements through mediation or negotiation. Mediation can be the best way to settle maintenance issues as the couple can control how much they will be paying and for how long. This area of the law truly tests the creativity and resourcefulness of an attorney to find the best financial arrangement that is acceptable to both parties. Our firm's co-founding attorney, Maria Stein, has decades of experience in finding a win-win solution to the thorny spousal maintenance issues. If a couple cannot work out maintenance matters, the court will decide the terms of spousal maintenance for them and we will be there to present your case skillfully at trial.
When the court has the responsibility to decide maintenance, it will look at A.R.S. 25-319 to determine eligibility and also the terms of the spousal maintenance payments. The relevant factors looked at by the court include:
- The standard of living established during the marriage.
- The duration of the marriage.
- The age, employment 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 their needs while meeting those of the spouse seeking maintenance.
- The comparative financial resources of the spouses, including their 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 their 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 mutual children.
- The financial resources of the party seeking maintenance, including marital property apportioned, and ability to meet their own needs independently.
- The time necessary to acquire sufficient education or training to enable 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, joint tenancy, and other property held in common.
- 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 children were the victims.
Ultimately, at trial, the court has the discretion to weigh all relevant factors and make a ruling based upon the evidence. We provide personalized service to see your case to resolution, and assertively present your facts and situation for consideration at trial.
Do you want help collecting or contesting spousal maintenance? Call our Mesa divorce lawyers today at Stein and Stein, P.C. to get professional representation!