Phone: (602) 788-1395 or Toll Free: (877) 788-1395
In Arizona, the spousal maintenance statute requires the Arizona trial judge to consider various factors to determine whether you qualify for spousal maintenance. If you do qualify for spousal maintenance, the next questions become: how much and for how long? The Arizona spousal maintenance statute requires the judge to look at yet another list of factors to adjust upward or downward the amount and duration of your spousal maintenance claim. Ideally, because spousal maintenance is not nearly as easy to predict as child support (because child support is governed by a mathematical formula that is required to be used in virtually every case), it often makes sense to reach a settlement with the opposing party. However, that is often not possible because the other party is not being reasonable. If the other party is unreasonable, as is often the case, your attorneys at Thomas Law Office will zealously advocate for you at your trial, whether you are seeking to obtain spousal maintenance or defend against your spouse’s spousal maintenance claim.
Obviously, the duration of your marriage will be a key factor, as will the amount of your and your spouse’s income and earning capacity. Other factors regarding the amount of spousal maintenance include the monthly living expenses, standard of living during the marriage, the degree to which one spouse contributed to the other’s earning capacity, whether there are young children of an age such that the parent seeking spousal maintenance cannot earn sufficient income to support herself, as well as other factors that address the practical aspects of whether and how much maintenance is reasonable.
One thing to be wary of is a spouse who plans a divorce far in advance and surreptitiously reduces his or her income over time in order to minimize or maximize the value of the spousal maintenance claim. As discussed elsewhere on this site, divorce planning is not uncommon, and so every Arizona divorce client needs to be on the lookout for improper actions taken by the spouse who is pushing for the divorce, improper actions such as hiding assets, reducing income, destroying or transferring assets, racking up debt, and provoking the other spouse into doing or saying things that may affect a court's decision on the issues of custody and parenting time.
Thomas Law Office, PLC. 3030 East Cactus Road, Ste. 102 Phoenix, Arizona 85032 Phone: (602) 788-1395 Toll Free: (877) 788-1395 Email Us
Disclaimer: The information on this web site is not legal advice, nor is it intended to be legal advice. It is general information that is incomplete and may not apply to your particular circumstances, so you should not act upon it until discussing your situation with an Arizona attorney. Every case is unique. Most legal principles have important exceptions that may apply in your case. You should actually talk to an Arizona lawyer regarding your situation before taking any action or declining to take action. We invite you to contact our office but please note that contacting our office in any way, whether electronically, by letter, or by telephone, does not create an attorney/client relationship. You will know when this office represents you because you will have received a signed representation agreement. Please do not send us any confidential information until you receive a signed representation agreement from our office.