The attorneys at GillespieShields practice family, employment, civil, criminal, probate, appellate, and immigration law.
Divorce is never an easy process, but when it comes to alimony in Arizona, things can get a little bit more complicated. If you’re considering filing for divorce or are already in the midst of one, it’s important to understand how alimony works in the Grand Canyon State. These five videos will give you a better understanding of alimony in Arizona and what to expect during your divorce proceedings:
1. What is Alimony in Arizona?
In this video, family law attorney David E. Bodney explains what alimony is and how it’s determined in Arizona. He also discusses the different types of alimony that are available in the state and provides some tips for those who are considering requesting spousal support.
2. How is Alimony Determined in Arizona?
This video answers the question of how alimony is determined in Arizona by walking viewers through a few important steps. David Bodney explains the difference between temporary support and permanent support, as well as how support awards are calculated. It also looks at factors that are taken into consideration when determining the length of alimony payments.
3. Can I Modify or Terminate My Alimony Award in Arizona?
If you’re paying or receiving spousal support, it’s important to understand your rights if circumstances change down the road. This video outlines what factors influence whether an alimony award can be modified or terminated, and discusses some cases where modifications might be appropriate.
4. Can I Get Alimony in Arizona?
If you’re considering asking for alimony during a divorce, this video will help you understand whether or not you qualify to receive spousal support under Arizona law. Bodney also outlines a few factors that might influence the outcome of your request. He then goes on to explain that both parties should provide income information when requesting spousal support, and why you shouldn’t lie about your income if it’s questioned by the court. This is an important video for those who are already trying to figure out what they can expect financially after filing for divorce.
5. Alimony & Parenting Time (Visitation) – What You Need to Know!
Asking for alimony and visitation rights during a divorce can be difficult on its own, but the two requests don’t always go hand in hand. In this video, Bodney discusses how parenting time affects alimony and vice versa. He also addresses situations where temporary support might affect custody and whether or not that’s something worth considering before filing for divorce.
When Spousal Support/ Alimony is Issued
Spousal support is typically awarded in cases involving divorce or legal separation. Spousal support, also known as alimony, is when one spouse pays a set amount of money to the other ex-spouse on a regular basis. Courts may order this in cases where one party is significantly more financially secure than the other and the other party requires assistance in resuming life after the divorce or separation.
Who Qualifies for Spousal Support/ Alimony
Spousal support is granted on a case-by-case basis, and each case will have a unique spousal support analysis. In most cases, only people who have been married for a “longer duration” (usually more than 5 years) are eligible for spousal support. In addition, when determining support, the court will consider several factors, including:
- Each spouse’s earning potential
- Each individual’s assets and property
- Whether or not one party is heavily in debt
- Whether the parties were involved in a joint venture.
- The contribution of each party to the relationship (for example, as a housewife or in terms of joint careers/education)
- Whether or not the parties negotiated spousal support provisions in a prenuptial agreement.
Other factors, such as mental and physical health, also play a role.
Certain factors, such as a history of abuse or neglect, can disqualify a person from receiving child support.
Can Spousal Support/Alimony be Modified?
The court’s spousal support orders are binding and enforceable under the law. They can, however, be altered due to unique or special circumstances that arise later on. As an example, suppose the spouse receiving support payments begin cohabiting with another partner who begins financially supporting them. Another case in point is when one party is going through a particularly difficult time. Spousal support can be terminated for a variety of reasons.
Requirements for Spousal Support/Alimony
There are several requirements in order to satisfy for payments to be considered spousal support:
- The payments that are being made must be in cash or checks. Assets and paying off debts are not considered payments for support
- The payments must be provided for in a divorce or a written agreement
- Payments made prior to divorce or agreement for payments are not considered
- Alimony or spousal support cannot be claimed during the same year joint tax returns were filed
- Alimony payments cannot be paid during the time both spouses live in the same residence
- The payments must stop if one spouse marries or dies
Are You Looking for a Family Law Attorney You Can Trust?
The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes, and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way. During our private, one-on-one consultation, we’ll take the necessary time to answer and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!
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