How to Receive Alimony in Arizona

One of the spouses may be required to pay temporary spousal maintenance or alimony when the judge grants a divorce.

After a marriage has ended, one spouse may give the other spouse spousal maintenance in the form of money.

This is distinct from any child support that may be due as a result of custody arrangements or shared custody. Spousal maintenance aims to maintain each party’s financial condition as it was throughout the marriage.

How Can You Be Considered for Alimony?

For shorter marriages (e.g., less than five years), alimony is typically not granted; nonetheless, the judge will always have the last say in each case. If a spouse can demonstrate any of the following, they may be eligible for alimony:

• The spouse does not possess enough assets to meet the spouse’s legitimate demands.
• The spouse is unable to support themselves through suitable employment.
• The spouse contributed to the other spouse’s educational chances.
• The spouse had a lengthy marriage and is now of an age where finding suitable employment may be challenging.

How Much Alimony is Permissible?

In Arizona, alimony may be paid as a single lump amount or as a short-term series of payments.

There is no predetermined formula or upper limit for alimony payments. Unless the parties reach an agreement, the judge will determine the amount of alimony to be paid based on the following considerations:

• Standard of living in a marriage
• How long the marriage lasted
• The spouses’ ages, career histories, income potential, and mental and physical health
• The assets each spouse has available to them
• If the spouse seeking maintenance increased the other spouse’s capacity to earn money
• If the spouse requesting maintenance has sacrificed their income or career potential so that the other spouse can benefit
• The capacity of each spouse to contribute toward the costs of the children of the marriage’s future education
• The spouse requesting maintenance’s financial resources and their capacity to fulfill their own demands adequately
• The amount of time needed to obtain the requisite education or training for the person requesting maintenance to be able to find suitable employment, as well as if such education or training is easily accessible
• Misuse of marital resources or assets
• The price of purchasing health insurance for the spouse who is requesting maintenance
• Any other relevant elements

The amount of alimony awarded in the United States can be fairly large, with some awards topping $1 million, albeit every case is unique based on the variables mentioned above.

How Long is Child Support Paid?

Alimony is typically a transitory obligation that the judge decides upon. However, alimony payments will stop if either spouse passes away, the recipient spouse marries again, or they decide to cohabitate.

How Do You File an Alimony Petition?

In Arizona, the Petition for Divorce, which starts the divorce process, must include an alimony request. If you don’t initially seek alimony, you might be allowed to do so later by asking the court to let you amend your divorce petition.

Include a statement explaining your eligibility for alimony in the request. Both spouses must submit an Affidavit of Financial Information to the court after one spouse requests alimony from the other.

It is crucial to complete the form for the same Arizona County where your divorce was filed because each county has its unique form. This record must provide recent income verification, bank and credit card bills, monthly expenses, etc.

The Affidavit of Financial Information must be exact and full, and a lawyer should check it to ensure you didn’t make any mistakes. Your petition may be delayed by a mistake or a lack of crucial information.

Changes to Spousal Maintenance

After the divorce, you can seek the court to amend an alimony order unless you signed a contract that forbids it. Some instances that might call for adjustment include:

1. A modification to your job status or income
2. Your spouse’s ability to pay more or, in the case of a beneficiary, their ability to support themselves
3. Increases in the essential costs for you or your spouse
4. You and your partner choose to make a change

A lawyer will fight hard for you whether you want a modification.

In Arizona, are Alimony Payments Tax Deductible?

You could write off alimony payments you paid or taxes you had to pay on payments you received before 2019. However, alimony is no longer deductible or taxable as of 2019. A lawyer can offer in-depth guidance on the tax ramifications of alimony in your situation.

Arizona Spousal Maintenance Nonpayment

You have several options to enforce the order if your ex-spouse isn’t paying you the alimony that was determined or agreed upon, including:

• Suspension of their professional, amateur, or driving licenses unless they pay
• Notifying credit reporting bureaus of the debt
• Placing liens on their real estate
• Requesting the court to take their belongings

A lawyer will be prepared to move swiftly and forcefully to ensure that your alimony is paid.

How Marriage Length Affects Arizona’s Alimony System

The quantity and duration of alimony in Arizona are determined using a variety of formulas. The court makes these decisions on a case-by-case basis while taking into account various aspects, including each party’s financial resources, earning potential, level of living, and, of course, the length of the marriage.

Arizona judges typically determine whether a marriage was long-term or not while considering its length. A short-term marriage lasting less than ten years can warrant a lower alimony award.

A marriage that lasts more than 20 years can be considered long-term and receive a larger amount. However, not every judge abides by this (or any other) rule.

Most court orders provide that spousal support payments must continue for 30 to 50 percent of the life of the marriage. For instance, after a year of marriage, spousal support can last for around four months. Note that this is an approximate calculation based on court awards rather than an official rule prescribed by legislation.

Contact a lawyer in your area if you have any questions about how alimony is calculated in your particular area.

How is Spousal Maintenance Determined in Arizona?

You may also be aware that the Maricopa County marriage duration factor can be used to determine spousal support in Arizona. In this calculation, a factor ranging from 0.015 to 0.5 is multiplied by the number of years of marriage. Although Maricopa County did employ this method in the past, the court ultimately concluded that it was no longer appropriate. Again, there isn’t a set method to determine spousal support; each case-specific situation must be considered.

The judge’s discretion ultimately determines the amount of spousal support awarded because there is no set formula. When deciding whether to allow short-term marriages, some judges have their own preferences. If you want to get the best alimony award possible in this instance, you’ll need to be able to present your case in court successfully.

Where Can You Find the Ideal Attorney?

Alimony awards can be very large, and divorce lawsuits frequently rank among the most contested legal matters. Having an experienced lawyer fighting for you during this procedure is crucial. Contact a local Arizona family lawyer if you need legal assistance with alimony-related matters.