After separation or divorce, one spouse can be legally required to pay some amount of money to their ex-partner. This is called spousal support, also known as alimony. The amount of the alimony would be set by the judge after they consider various factors. The prime factor that is considered is the financial standing and circumstances of both spouses. However, some other things are also factored in, including the duration of the marriage.
This arrangement aims to prevent neither of the spouses from suffering an economic disadvantage following the separation. Certain spousal support and alimony statutes are unique to Arizona, the insight on which could be gathered from A.R.S. § 25-319. If you’re in the middle of a separation, it is advised to hire competent alimony and spousal support lawyers to familiarize yourself with the laws pertaining to this issue. You can contact the Law Office of Cosmas Onyia to set up a free consultation.
Spousal Maintenance Statutes In Arizona
The Arizona alimony laws are detailed in Arizona Revised Statute Section 25-319, by the power of which an Arizona family law judge can order a spouse to pay an amount to the other partner in the form of alimony. Under Arizona spousal maintenance statute, there are two parts –
- Section 25-319(A) consists of the factors that the judge needs to consider while determining whether or not one spouse is entitled to receive alimony in Arizona.
- The second part, outlined in 25-319(B), consists of laws and factors that the judge or the court needs to consider while ascertaining the amount and duration of the spousal maintenance. This section will come into play if the spouse that has requested the spousal support proves entitlement to alimony as a part of the first section.
Hiring An Family Law Attorney
To ensure that your rights are protected at every stage of the legal proceedings, it is vital to contact an experienced attorney. Lawyers can help you understand the legal procedure around spousal support with utmost clarity. If you require legal help, the Law Office Of Cosmas Onyia is a dedicated and skilled attorney, who practices in Phoenix, Arizona. You can schedule a consultation to get things in motion.
For spousal support in Arizona, the courts cannot take marital misconduct leading to the separation into account while determining the alimony or while deciding to award any party the right to alimony. Additionally, not every divorce would lead to spousal maintenance. Whether or not a spouse qualifies for maintenance would be decided after the two-step inquiry.
Since spousal maintenance proceedings can be subject to contention, hiring an attorney could give you an edge. If you don’t have lawyers, schedule an appointment with the Law Office Of Cosmas Onyia. We try our hardest to win you the best arrangement possible through negotiations. In case of the dissolution proceeding, contact our office immediately, and get in touch with one of the most experienced family law attorneys in Phoenix, AZ.
Law Office Of Cosmas Onyia
Cosmas Onyia is a team, practicing family law in Phoenix, AZ, for over 20 years. The Cosmas Onyia, P.C was established in 1996 to help clients dealing with an array of family law issues, including spousal support. We have helped numerous clients win the settlement they desire and have been on the end of many referrals.
With extensive legal knowledge, Cosmas Onyia can protect your rights both inside the courtroom and outside. We cater to each client’s unique needs and deal with complicated family dynamics with utmost deftness, ultimately ensuring that our clients are served justice, even in complex cases.
We also have years of experience in other practice areas, such as divorce, legal separation, paternity, child custody, order of protection, child support, debt division, child visitation, and property division. If you’re going through a divorce or have been separated, and seek reasonable spousal support, contact Cosmas Onyia law firm and schedule a consultation with the attorney.
Frequently Asked Questions
What determines spousal support?
The amount of spousal support is ascertained by a judge after considering several factors. The judge also decides whether or not the alimony should be paid in the first place. Some of the variables that play a role in the computation of the amount are the financial circumstances of both spouses, any financial needs they may have, the responsibilities of each spouse in the care of their children, if they have any, and the length of the marriage. In addition to this, any agreement, or any previous arrangement that the parties made, would also be factored in.
Who can ask for spousal support?
During the divorce proceedings, any of the spouses can ask for alimony. Usually, it is the spouse with a lower income that requests it. However, a mere request doesn’t guarantee whether that spouse will get the alimony or not. The court will make the final decision, and the judge will ascertain the amount.
How long will spousal support be paid?
The duration of the spousal support would also depend on several factors, including the length of the marriage or even the ages of both the spouses at the time of divorce or separation. In some instances, one spouse would be liable to provide support for a limited period. In other cases, the support would continue to go on unless the court orders something different due to a change in circumstances. The agreement will reflect any changes that have occurred.
Spousal support agreements are a critical element in any divorce proceeding. A spousal support agreement can be in effect for decades to come, so it is important to get it right the first time. Cosmas Onyia is an experienced family lawyer who has successfully negotiated the best arrangement possible for hundreds of clients seeking spousal support. If you are facing a dissolution proceeding, contact our Phoenix, Arizona, office to consult with our experienced family lawyer today.