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What is considered when a court evaluates an alimony request?

Posted On August 30, 2018 In Alimony

There are many factors that Arizona courts evaluate when determining alimony, also known as spousal support or maintenance. In particular, courts look at the finances of the parties to decide if one will be financially disadvantaged by the divorce. This post discusses some of the important factors that courts consider in these alimony evaluations. However, individuals should speak with their own attorneys for case-specific help.

First, a court will look at a person’s employment or capacity to find employment. If a spouse earns a strong income and plans to keep that job after their divorce, they may not need support. If, though, a person has not worked during their marriage and does not have the right education or experience to secure gainful employment, their case for alimony may be stronger.

Second, a court considers a person’s health. It may be hard for a person with a disability or long-term illness to get a job and support themselves. In cases where illness or injury prevents a person from providing for their own needs, a court may approve alimony.

Finally, a court may look at whether a person can maintain their marital standard of living while supporting themselves after their marriage. Though an exact match to their marital standard may not be possible, if a person will suffer a significant drop in how they are used to living, a court may award them with financial support from their ex.

Alimony can be awarded in different forms and for different durations of time. The best way to learn about how it may factor into one’s own divorce is to discuss it with a knowledgeable family law attorney.