In Arizona alimony is termed as “Spousal Maintenance”. The first step in determining the amount, if any, of spousal maintenance to be paid, is to determine if a party is even entitled to an award of spousal maintenance. Many factors go into determining if spousal maintenance is warranted, such as the length of marriage; the historical earnings of the parties; whether one party contributed to the education of the other.
Once a determination is made that a party is entitled to Spousal Maintenance, the Court looks to several other factors to determine the amount and duration of the award. The standard of living established during the marriage, the length of the marriage, the earning ability of the parties; the time needed for the spouse requesting spousal maintenance to become self-supporting, will all be considered.
Spousal Maintenance is a difficult issue to determine the possible outcome in the event of trial. The parties need to be aware that in the event of trial, the amount and duration of spousal maintenance is left to the discretion of the Court and both sides run a risk of not receiving the desired outcome. An experienced family law attorney should be able to guide you in assessing your risks and possible outcomes.
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