Divorce is one of the most stressful events anyone can go through. It is even worse if you have to go to court and let judges decide your fate after separation. The best-case scenario is one where you settle everything amicably between you and your partner without the interference of a third party. However, even the most understanding couples may need a lawyer to help arrange the financial situation, as it is one of the most tedious aspects of divorce. If you live in Arizona and you are worried about spousal support, continue reading on. In the article below, we will explain the alimony laws in Arizona to give you a better understanding of the situation.
It is not easy to get alimony in Arizona as the court will request an affidavit of financial information that states the need for support and the ability of the other spouse to pay the required money. On the other hand, the person requesting must be unable to find a well-paying job because of a physical or mental disability or old age.
Those are the basic requirements to open a case, but further investigations will be required. For instance, the financial contribution of the requesting spouse throughout the years of marriage, especially the money spent investing in their partner. This will include college fees, courses, or resources such as books.
Alimony differs in the case of the existence of children because they will need other calculations. This is especially if one of the partners took some time off from work to care for the kids. That way, when the marriage is dissolved, the person who sacrificed will have to suffer from the consequences of leaving their job for a while and will start over from a point of disadvantage.
Alimony laws in Arizona state include different kinds of spousal maintenance. This is because each case is different, unlike child support laws. In any case, the parents have to support their children. Alimony is calculated separately from the equal distribution of assets that takes place during the separation.
From our partners:
The amount and duration of the alimony are perhaps the most stressful aspects of divorce, and they differ according to each case. According to the Arizona-based lawyers at https://btlfamilylaw.com/spousal-maintenance-arizona, there are three types of maintenance: permanent, compensatory, and rehabilitative. The court will overlook the value of the assets and consider the return of investment that the partner will gain from it instead. This will also determine the duration through which the spouse will be able to maintain a monthly income for their ex-partner.
Permanent maintenance, as the name suggests, is alimony that has no termination date. This kind is often applied when the requesting spouse is not expected to have any decent job because of their age or medical condition. The permanent award won’t end unless one of the spouses dies or if the requesting partner remarries.
When people get married, one of them may make sacrifices for the sake of the partnership. For instance, they may put off college education, take a less-paying job because it is near the house, or quit their job to tend to their partner’s or kids’ needs. Here is when rehabilitative maintenance is required.
The more privileged spouse will keep paying a certain amount of money until the other one gets a decent job or finish an education. The judge may set a date or put some conditions that will terminate the rehabilitative award.
The least common type of maintenance is compensatory that the average layman may not be aware that it is available. Some people see that the fairest option is compensating the sacrificing partner by offering them some money over a certain period of time. The amount of money will differ according to the type of sacrifice and duration.
Modification and Termination
The law is flexible when it comes to setting the conditions of modifications or terminations. Some couples may request from the beginning that the agreement can be modified down the road. However, others create a version that prohibits either spouse from editing the conditions. On the other hand, if they didn’t sign a non-modifiable agreement, both partners can file a request for the court to modify the contract based on the change in circumstances.
A couple of years ago, alimony was tax-deductible to the party that pays and considered taxable income to the requesting partner. However, this law has changed, which resulted in a more complicated divorce process. It is better to get a tax attorney before finalizing the divorce to make you aware of the changes that may occur to your taxes and retirement plan.
Divorce is a hectic process, so if there is a way to make it easier for you and your spouse, you should try it. The point of the alimony laws in Arizona and other states is to make sure that both parties will have a comfortable life after the separation. They help ensure that families can go through the transition smoothly with as little damage as possible.