Legal Support For Alimony Issues
Alimony is another term for spousal maintenance which is governed under A.R.S. § 25-319. Spousal maintenance is a discretionary issue in which the court needs to address a variety of thirteen(13) factors. The key to any spousal maintenance order is amount of spousal support and duration of the support.
Of those factors listed under A.R.S. § 25-319, the most determinative factors are the duration of marriage; the age of the parties and ability to be gainfully employed. Of course, each divorce case is different therefore some factors may be more important than others.
For instance, courts tend took look at the duration of marriage as a starting factor in any spousal maintenance case. The shorter the marriage, the less probability of getting any spousal maintenance. But there is always an exception to the rule especially when there is a significant disparity of income and property between the parties.
However, the primary basis to request spousal maintenance comes into play when one party lacks sufficient property, including that apportioned to her or him in the divorce, to provide for that spouse’s reasonable needs.
What Is Reasonable?
So at issue is what is the spouse’s reasonable needs. What is reasonable or not reasonable depends among other things on the lifestyle that spouse was accustomed to during the marriage. Usually, the higher the standard of living accustomed to by the requesting party, the higher the spousal maintenance award.
There are many factors in any alimony case which must all be examined by a legal professional; that is what it is paramount to have representation for any alimony case. It can be the difference between a livable divorce and one that is unmanageable.