Spousal Support Explained by Our Family Law Attorney Mesa AZ
If you are concerned about your ability to pay bills during and after your divorce, you may wish to discuss the issue with a family law attorney Mesa AZ residents trust. You may be entitled to spousal support, depending on the specific circumstances of your case. In Arizona, Spousal Maintenance is awarded to a needful spouse. There is no alimony.
Basics of Spousal Support
Our family law attorney Mesa AZ can explain that spousal support is when one spouse makes a payment to the other spouse, so that he or she can maintain the lifestyle that he or she enjoyed before the divorce. There are various types of spousal support. Some spousal support orders are for a lump sum to be provided to the spouse. However, our family law attorney Mesa AZ can explain that most spousal support orders consist of monthly payments that are made for a specific duration of time. Although spousal support can be awarded in divorce cases, it is not automatically triggered. The person requesting the support has the burden of showing why he or she should be granted spousal support.
Factors Affecting Spousal Support
Janice M. Palmer of the Law Offices of Janice M. Palmer is a family law attorney Mesa AZ who can explain what Arizona family courts look at when deciding whether to grant spousal support. She has experience and has up to date knowledge of the factors that Courts review in granting spousal maintenance. If spousal support is appropriate, the courts also look at these factors to determine the amount of support that should be awarded. One of the most significant factors is the duration of the marriage. As a general rule, the longer the marriage, the higher the possibility is that spousal support will be ordered. Other important factors include whether the recipient spouse has young children and the contributions that both spouses made during the marriage, including monetary and non-monetary contributions. The court’s role in determining whether or not to grant spousal support is to analyze various factors that may affect the financial security of both spouses. The judge can consider the standard of living that the spouses maintained during the marriage. Additionally, the judge can consider whether the intended recipient spouse would be able to support himself or herself, based on his or her work experience, age, health, and education. Additionally, the court can consider the paying spouse’s financial ability to pay spousal support. The court can consider a variety of financial factors, including the separate property and resources of each spouse and the sacrifices that the recipient spouse made for the paying spouse and his or her career. The court may consider whether rehabilitative spousal support should be ordered, which provides support while the recipient spouse goes back to school or pursues a training program in the goal of becoming financially independent. Additionally, Arizona family courts can consider a variety of family factors and special circumstances. Arizona family laws establish that any instances of domestic violence that resulted in conviction can be considered when determining whether to award spousal support. Additionally, courts can consider if either spouse has attempted to hide assets or otherwise conceal property that is subject to division, such as by using special ownership interests to keep a fair share from the other spouse. If the paying spouse will have a lower insurance premium due to the divorce, this factor can also be considered.
A family law attorney Mesa AZ can explain that the division of property can also impact whether or not spousal support is awarded. In some cases, it may be better for the spouses to agree to the payment of spousal support in exchange for the paying spouse receiving more property. In other cases, it may be easier for the recipient spouse to receive more assets that he or she can liquidate and agree to no or a lower amount of spousal support. However, when spouses are considering either arrangement, they should think about the potential tax implications associated with both approaches.
Legal Assistance from a Family Law Attorney Mesa AZ
If you would like more information on spousal support and the factors that Arizona family courts consider when making this determination, a family law attorney Mesa AZ residents trust may be able to help. Contact the Law Offices of Janice M. Palmer, P.C. at (480) 820-4771 or toll-free at (888) 352-7725 to schedule a confidential consultation.