FREQUENTLY ASKED QUESTIONS
SPOUSAL MAINTENANCE (ALIMONY)
When is Spousal Maintenance Typically Awarded?
Alimony or spousal maintenance may be awarded to either spouse for their support after the divorce. Spousal maintenance payments are designed to help with financial obligations of the receiving spouse and to maintain a similar lifestyle. The lifestyle cannot remain exactly the same, however, because the paying spouse will typically be required to maintain two households for a period of time. Because a majority of spouses both work, spousal maintenance is rarely awarded. When awarded, it is ordinarily for a short period of time, such time being just long enough to assist the receiving spouse in getting on his or her feet.
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What Factors are Used in Calculating Spousal Maintenance?
Spousal maintenance is awarded only if one of the following are true: (1) a spouse lacks sufficient property to meet his/her reasonable needs, (2) a spouse must stay at home with a young child and cannot support him/herself with reasonable employment, (3) a spouse supported the other spouse while he/she obtained her education, or (4) the marriage was lengthy and a spouse is now of an age that he/she will be unlikely to find employment. The Court considers the length of the marriage, the age of each spouse, health, employment, and the standard of living established during the marriage when calculating spousal maintenance. The Maricopa County Superior Court adopted a set of Spousal Maintenance Guidelines to assist the Court in calculating spousal maintenance. However, the Guidelines are generally only used by judges to see if their own determination of spousal maintenance is reasonable. Other judges never refer to the Guidelines.
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How Does Remarriage Affect Spousal Maintenance?:
Unless each spouse agrees otherwise, in writing, spousal maintenance will cease upon the remarriage of the receiving spouse. Remarriage of the paying spouse will not terminate his or her obligations of support.
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As your attorney, we will always be available to answer any questions specific to your case. The above information is general in nature and nothing herein should be construed as legal advice. Please call our office at 480-491-5152 if you desire additional information or wish to consult privately with an attorney, or click here to contact us online.