If you are getting divorced in Yuma, Arizona, you may be wondering if you are entitled to receive spousal
maintenance (also commonly referred to as alimony) under the law. Schneider
& Onofry, P.C. are divorce lawyers who can help you navigate all aspects of
the divorce process, including the awarding of alimony. If one partner in the
marriage earns significantly more money than the other, than the partner with
more money may be required to pay spousal support to support the partner who
earns less money. If you and your former partner share similar salaries and
incomes, spousal maintenance may not be awarded if you get divorced. However,
if you gave up work opportunities, stayed home to raise children, or supported
your partner while he or she was in school, you may have the right to seek
spousal maintenance if these sacrifices and choices resulted in you earning
less money over the long-term.
Alimony awards are rarely permanent. Generally, they have a clear end date, after which the partner
receiving alimony is expected to become self-supporting. Schneider &
Onofry, P.C. are Yuma, Arizona divorce lawyers who can review your financial
situation, help you understand what your rights and options might be, and
assist you with seeking the spousal maintenance award that may be right for
you. Whether you think you might be entitled to receive spousal maintenance or
may need to pay it, understanding your rights and obligations can go a long way
to helping you plan ahead.
What Factors Go Into Determining
Spousal Maintenance Awards in Arizona?
The courts will look at several factors when determining whether one spouse is entitled to receive
spousal maintenance from the other. Arizona courts look to various factors when
determining spousal maintenance awards and when determining whether such
support should be paid. Every divorce is unique and some of these factors may
be more or less relevant to your situation. In order to understand what your
rights are, it may be in your best interest to speak to the divorce lawyers at
Schneider & Onofry, P.C. in Yuma, Arizona today. Here are some of the factors taken into account when determining
spousal maintenance awards:
1.Property owned separately by each spouse will be considered. Each partner may have
brought property and assets into the marriage. In general, each partner may be
entitled to take this property with them after divorce. Property and assets are
considered when determining what spousal maintenance amounts an individual
might need to become self-supporting.
2.If the lower-earning partner made a significant contribution to the education or
training of the other partner, then the lower-earning partner may be entitled
to seek spousal maintenance. Sometimes individuals might pass up on good jobs
to support their partner’s ambitions. If this is the case, the lower-earning
partner in a divorce may be entitled to spousal maintenance to fill in
3.The age of each party in the marriage must be considered. If you are closer to
retirement age, maintenance may be awarded because finding employment or gaining
additional training may not be possible.
When determining how much
money in spousal maintenance should be paid and how long it should be paid, the
courts will consider various of the following factors:
1.The standard of living both parties enjoyed during the marriage.
2.The length of the marriage.
3.Age, former employment, earning ability, and the physical and emotional health of
the person seeking alimony.
4.The amount of money the higher-earning spouse makes and his or her ability to
support the other partner.
5.Each party’s resources.
6.Whether the lower-earning partner contributed to the education or earning capacity of
the higher-earning spouse.
7.Whether the lower-earning partner suffered losses in career advancement due to raising
children or as a result of being in the marriage will also be considered when
the court calculates alimony.
8.The courts may consider future educational needs of the children, including college
expenses, when calculating alimony.
9.The courts will consider the division of marital property and how this division
will contribute to the maintained lifestyle of the lower-earning spouse.
10. How long the lower-earning spouse might need to
get training required to be self-supporting will also be considered when
determining alimony amounts.
11.The courts will also consider whether one
partner spent the marital property, sold marital property without consulting
the other partner, or whether money was lost as a result of one partner’s
12.If one partner is losing health insurance as a
result of the divorce, alimony may be able to help that partner pay for health
13.If one partner abused the other or abused the
children, the court may award damages, in the form of alimony, to the abused
These are just some of the
factors that must be considered when reaching an agreement with your former
partner about spousal maintance. While it is best to try to resolve your
differences outside of court or through mediation, sometimes couples need to
take their case to court. Schneider & Onofry, P.C. are divorce lawyers in
Yuma, Arizona who can review your case and help you reach a spousal maintenance
decision that will be best for your
family, while considering the rights and obligations of both parties.
Has Your Former Spouse
Refused to Pay Spousal Maintenance in Yuma, Arizona?
If your former spouse has
refused to pay spousal maintenance that
has been ordered by a court in Yuma, Arizona, you may have important rights
under the law. Schneider & Onofry, P.C. are divorce attorneys in Yuma,
Arizona who may be able to help you receive the spousal maintenance payments
you are entitled to receive. Spousal maintenance must generally be paid for a
period of time. Your divorce settlement will often describe how long such
support should be paid, how much should be paid, and when alimony will end. If
your former spouse is missing payments, you may have options under the law.
& Onofry, P.C., divorce attorneys in Yuma, Arizona
firm can help you navigate all your divorce and spousal maintenance questions.