Alimony in Arizona
The Laws of Alimony in Arizona
Situations regarding alimony in AZ are like pop quizzes, really – you don’t know what to expect, and you won’t see the results until later. And quite frankly, sometimes you won’t like the results!
Alimony, also known as “spousal support,” is where one spouse financially supports the other spouse in his or her life without regard for children or any other financial reason. Sadly it seems that spousal support really contradicts the whole idea behind divorce, but that’s just the way it is. Why?
Because a non-working spouse going through a divorce will have their income drastically affected somehow. Think of stay-at-home moms or dads. If they don’t work, and they were relying on the spouse for income, what happens when there’s a divorce?
Trouble: that’s what happens.
Unfortunately, all alimony in Arizona is not created equal. It all depends on the situation, and when it comes to divorce, situations show up in the millions. And that’s no exaggeration.
The Bases for Alimony in AZ
No court can simply say, “Well, Mr. Moneymaker here definitely has enough income to provide both child support and spousal support for Miss Homemaker, so let’s award alimony payments to Miss Homemaker and make her life easier.”
All the factors need to be considered, and there are plenty to consider. The Uniform Marriage and Divorce Act state them as such:
• The Age, Physicality, Emotional Health, and Finances of Spouses
• Time Length to Receive Training or Education for Self-Sufficiency
• Standard of Living
• Length of Marriage
• Whether or Not the Alimony Payer Can Support Both the Payee and Himself/Herself
This Should Tell Anyone Something About Alimony in Arizona
And that’s just the start of it, really. For starters, if Miss Homemaker is perfectly capable of getting a job due to education, then chances are alimony won’t be awarded. Plain and simple. Everyone’s held accountable for what they’re capable of in divorce when you think about it. Furthermore, the duration of the marriage matters; alimony won’t be awarded if the marriage only lasted three months: let’s be realistic here!
And to make it even more complex, here are some other factors that are unique to any given situation:
• Earning Capacity
• Earning Impairments
• Children in Home
• Tax Consequences
• Fault
• Prenuptial Agreements
So let’s consider some of these: what if Mr. Moneymaker cheated on his wife? Believe it or not, in some states, “fault” divorces are a factor in determining alimony. So it’s possible that because good ol’ Moneymaker wasn’t faithful, he would have to pony up the dough.
It’s not necessarily the case for alimony in AZ, but you get the picture. And don’t get me started on the prenup agreement thing either: that’s an etched-in-stone, iron-clad rule of alimony, when someone signs a prenup, the other spouse is absolutely entitled to something outside of child support. Plain and simple.
Know this about alimony, though:
There’s No Formula Needed for Spousal Support
Checking the Spousal Maintenance form in Arizona, though, can be handy. It spells a lot of things out. But ultimately the amount of alimony is determined by the court – not the spouses. There’s no exception.
Be educated when dealing with alimony. It’s a complex sea of possibilities.
