Alimony: The Ability to Get Back on Your Feet After a Divorce

Spousal maintenance, or alimony as it is commonly called, is not mandatory in Arizona. It is usually awarded to help the less financially well-off spouse get back on his or her feet after the marriage is terminated.

Factors To Determine Spousal Maintenance

The court will consider certain factors to determine whether or not one spouse will have to pay alimony, whether a spouse needs alimony, the amount to be paid, and how long alimony will be paid to the other spouse.

These factors include, but are not limited to, the following:

  • The length of the marriage.
  • The difference in income and earning potential between the two spouses.
  • The degree to which one spouse sacrificed his or her own career to support the other.
  • The age of the requesting spouse relevant to his or her ability to find gainful employment.
  • Whether the requesting spouse needs to stay at home to care for the couple's children.
  • The skills, education and ability to find gainful employment for each spouse.
  • The amount of property and assets assigned to each spouse.
  • The standard of living during the marriage.

Non-Modifiable Spousal Maintenance

When divorcing spouses agree, alimony can be non-modifiable as to amount and duration. This means that even if substantial circumstances change in the future to one or both spouses, the amount and duration of alimony cannot be changed or modified by the court after the divorce is finalized.

The court will not order non-modifiable alimony unless both spouses agree to it as part of the divorce settlement. If there is no agreement, the spousal maintenance payment may be modified after the divorce is finalized upon a finding by the court of a continuing and substantial change in circumstances.

Merle Stolar is an Experienced Lawyer to Help With Alimony Issues

At the Law Office of Merle Stolar, P.L.L.C., Merle will work with you to determine if you need alimony or if you will have to pay it. All of your financial information, needs, and obligations will be examined and considered to establish the legal foundation necessary to prove your case. If necessary, and with your approval, she will consult with financial experts or accountants to uncover hidden assets. If you need to request temporary maintenance while the divorce is pending, Merle will file a motion with the court to request it.

Merle Stolar believes in providing professional representation with personal service. She gives you her full attention, working together with you to achieve your desired outcome.

For more information about alimony or spousal maintenance, please call us at (520) 628-7777, Extension 163.