Alimony, or spousal support as it’s also called, is something that you hear a lot about when getting divorced. Perhaps your soon-to-be ex-spouse mentioned it. Maybe you’ve been thinking about bringing it up to your lawyer. Whatever the case may be, alimony is something that is brought up a lot during a separation or a divorce proceeding. To ensure that you’re getting paid the right amount or you’re paying the correct amount, especially following Arizona regulations, make sure to talk to a lawyer. If you’re interested in learning more about what our lawyer could do to help you, then contact The Law Office Of Ronald Kossack today.
What Is Alimony?
First, we’re going to cover what exactly alimony is and why it can be beneficial. Many people get confused with alimony. While they are two separate elements of legal separation or divorce, it can confuse many. Alimony is when there is a “court-ordered provision for a spouse after separation or divorce.” Essentially, alimony occurs when there is a financially weaker spouse that needs to be supported.
How Does Alimony Work?
Alimony can be simple or it can be a more drawn out process, depending on the couple. In the State of Arizona, when two people separate, one can receive payment to pay for regular living expenses. A judge may require the spouse that earns more money to help the one that doesn’t make as much money. This can occur for a period of time to ensure the lower income earner is able to support him or herself. There are a few different types of alimony and you need to meet the requirements. It’s essential to hire a lawyer during this time because he or she can help you ensure that you’re not being taken advantage of.
The Requirements For Alimony
When it comes to the requirements of alimony, it’ll vary from state-to-state. This means that there’s no set plan for alimony. However, there are common factors. The best way to know the requirements for alimony is to talk about it with your lawyer. The court will award the alimony to the spouse, but that doesn’t mean that you shouldn’t discuss your options with a lawyer.
Some of the common requirements include: length of marriage, educational backgrounds, work and wage histories, if there are children, financial circumstances, whether the alimony will be permanent or temporary, and if there will be future modifications. Many courts through the country will take your circumstances into considerations as well as the spouse that requests support and whether they can afford to make payments for the support. Below is a further breakdown when it comes to the length of your marriage.
Short Marriage (0-5 years)
If you’ve been married for up to five years, that’s considered to be a short divorce. The court will assume that since the marriage was on the shorter side that you’ve maintained what you had before the marriage. Both of the spouses are seen to be independent and self-supporting due to the shorter marriage.
Long Marriages (Over 5 years)
On the other hand, longer marriages may be ordered because the court takes many factors into consideration. For example, each spouse has an assumed earning capacity. Additionally, debts and property are considered, other income, length of marriage, mental and physical health of the receiving spouse, and the disparity between both of the spouses. These are just some of the factors that are taken into consideration with a longer marriage.
The Differences Types of Alimony
In the State of Arizona, a judge will generally award a temporary maintenance during a divorce proceeding. A temporary maintenance means a pendente lite which is pending during the final divorce. Once the final order is put in, the judge will order permanent or temporary maintenance for a certain length of time. This order can direct one spouse to pay the other one lump sum or money or pay it monthly for a period of time.
In Arizona, permanent spousal maintenance is very rare, even after longer marriages. Many times there’s a temporary one in place that allows the spouse to improve employment, get an education, or go through training. Another type of alimony is limited maintenance, which is when the spouse provides money to advance the education and earning capacity for the other spouse.
Do You Need A Lawyer?
Yes, we strongly recommend that you hire one. At The Law Office Of Ronald Kossack, we strive to assist residence in Tempe, AZ, and the surrounding areas in family law matters. This will help you have a smoother and fair divorce. For further information call .