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Circumstances under which spousal maintenance may be awarded

Posted On April 20, 2018 In Alimony

Alimony, also known as spousal maintenance or spousal support, is a common divorce issue that many Arizona couples confront when they choose to end their relationships. However, an award of support is not guaranteed simply because a divorce is filed. In Phoenix a person must request support from their partner and must demonstrate that it is necessary before a court will approve it.

State law recognizes several circumstances under which alimony may be appropriate. One of those circumstances occurs when the requesting spouse does not possess enough wealth or property on which to take care of themselves after their divorce. After a couple works through its divorce-related property settlement a party may know if they are able to take care of their own needs; if they cannot maintain themselves, they may have a case for spousal maintenance.

Also, alimony may be appropriately awarded if the requesting spouse paid for or contributed to the educational advancement of the other. For example, a spouse may have worked to pay for their partner’s attainment of an advanced degree which enabled that party to obtain a higher paying job. Should those partners divorce, the partner who worked for the other’s benefit may be entitled to spousal support.

Age, incapacity and other considerations can factor into a court’s decision on whether one party to a divorce should be able to receive payments from the other. However, the unique nature of every divorce case necessitates individuals to consult with their trusted attorneys to better understand how their legal matters may resolve. This post does not provide legal advice and should be read only as an informative introduction to the topic of spousal support.