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Spousal Maintenance (Alimony)

Spousal maintenance (commonly referred to as alimony) is an ongoing payment from one spouse to the other. The intent of spousal maintenance is to make the divorce as equitable and fair as possible.

Often, throughout a marriage, one spouse will sacrifice professional or educational opportunities for the benefit of the household. For instance, a couple may elect to have one spouse stay home with the children while the other concentrates on professional pursuits. If the couple divorces, the stay at home spouse will have fallen behind his or her peers professionally, and his or her employment and salary opportunities will be at a disadvantage. In this and other similar cases, a court could issue an award of alimony to the former stay at home spouse until that spouse can adequately support him or herself.

Arizona Revised Statutes §25-319 provides for certain factors that a judge will take under consideration in determining whether spousal maintenance is appropriate. Ultimately, this determination will be on a case-by-case basis and contingent upon numerous underlying factors during the marriage.

Types of Spousal
Maintenance/
Alimony in Arizona

  • Temporary or pendente lite: Temporary alimony is granted at the court’s discretion during the divorce proceedings. It is intended to provide for the immediate needs of the party during the divorce. Typically, it will terminate once the divorce becomes final. However, the judge could award temporary maintenance after the divorce becomes final for a period of time.
  • Permanent spousal maintenance: Permanent spousal maintenance may be granted for a period of time that the court deems necessary. The award of this type of spousal maintenance/alimony has become increasingly rare. It is usually reserved for spouses with long term needs and generally only awarded when the marriage was lengthy.

If you are considering a divorce and concerned about paying or receiving spousal maintenance/alimony, the Phoenix Divorce Lawyers at Reppucci & Roeder can help. Our years of experience handling divorce cases have earned us an “A” rating with the Better Business Bureau and a reputation for excellence throughout the Phoenix community. 

 

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