Chandler Spousal Maintenance Lawyer
We proudly represent clients in Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa & other Arizona cities in spousal maintenance & other family law matters.
What factors are considered when determining if someone is entitled to receive spousal maintenance in an Arizona divorce lawsuit?
The court may consider many facts when deciding if spousal maintenance (formerly called alimony), in addition to child support, is appropriate in a particular case. The criteria that the Arizona court considers are set forth in A.R.S. § 25-319(A), which states that the Court may award spousal maintenance for any of the following reasons if it finds that the spouse seeking maintenance:
1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse’s reasonable needs.
2. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient.
3. Contributed to the educational opportunities of the other spouse.
4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient. Consult with an attorney if you are unsure whether spousal support is appropriate in your case.
What factors are considered when determining the amount and duration of the spousal maintenance order in Chandler, Arizona divorce cases?
The factors that the court is to consider are set forth in A.R.S. § 25-319(B), which include:
1. The standard of living established during the marriage.
2. The duration of the marriage.
3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance.
4. The ability of the spouse from whom maintenance is sought to meet that spouse’s needs while meeting those of the spouse seeking maintenance.
5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market.
6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse.
7. The extent to which the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the benefit of the other spouse.
8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.
9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet that spouse’s own needs independently.
10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.
11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.
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If you or a loved one is getting a divorce or has child custody issues in Chandler Arizona, call Louis Lombardo today! Mr. Lombardo has the experience and commitment to help you through every step of your family law case. If you or someone you care for is involved in a family law matter in the greater Phoenix metropolitan area and need the help of an experienced family law attorney, call the Law Office of Louis Lombardo PC at 480-413-9300.