How does a woman ask for spousal support in AZ?
If you’re a woman in Arizona and your marriage has ended, you may be wondering how to ask for spousal support. In Arizona, the time that a couple was married is an important factor in determining whether or not spousal support will be awarded. Spouses are also required to meet certain financial need standards before they can receive spousal support payments. The first step is filing for divorce and requesting spousal support from the court as well as temporary orders about future living arrangements and child custody issues. Then, if there’s been enough time passing since your divorce decree or separation agreement was finalized that it’s possible for both spouses to establish their own sources of income during this period, then you’ll need evidence of what each party has been doing during this time.
This can be difficult for spousal support recipients who are trying to get back on their feet, so many family law courts in Arizona are open to interim spousal support orders even when there is no final spousal support order. To receive spousal support in AZ, you’ll need detailed spousal financial information from the other party showing what his or her earning potential is now. If your husband is making $2000 per month and paying $1000 a month towards your debts but not paying spousal support yet, then he may be able to file an objection with the court that says spousal support should be rejected because of how he’s managing his finances already. Spouses also have to show that spousal support is necessary based on their financial details. If spousal support was requested because the other spouse has an earning potential of $100,000 a year but cannot work due to an injury or mental illness, then spousal support might be granted temporarily until he or she can return to the workforce when it’s possible for the former spouse to pay spousal support again.
Types of Spousal Maintenance
If spousal support is granted, spousal maintenance payments are calculated based on the spousal net income available to each party. Both parties need to fill out a standardized spousal support worksheet with their incomes and expenses so that they can come up with their spousal income needs.
In Arizona, spousal support is classified into four categories:
- spousal maintenance is a temporary form of spousal support that’s available until the receiving spouse finds other sources of income and/or employment
- spousal property division is a non-temporary transfer of property from either the payer or recipient spouse to another person or entity as part of divorce in AZ – spousal support is also a non-temporary payment to help maintain the lifestyle set during your marriage
- spousal transitional awards are spousal support offered as an incentive to divorce litigants to help in their child custody battle
- and spousal maintenance is spousal support paid after the spousal support recipient has been able to find alternative sources of income
Reasons the Court Considers in Determining Spousal Maintenance for Arizona Women
The spousal support amount is also determined by the discretion of the judge who will consider:
In addition, spousal support in Arizona may be considered as reimbursement for spousal contributions to the property before or during the marriage. If spousal support is ordered after divorce, there are factors that go into the decision about how much spousal support payments should be. For example, if one spouse provided spousal support until their former spouse was able to get back on his/her feet and become employed again, then they might not need spousal support payments anymore. But if he had no income potential before marriage because he or she wasn’t working but chose to marry someone whose earning power was high enough to provide spousal support, the spousal support payments should be reduced once spousal financial details are assessed in more detail.
Spousal Maintenance in Arizona Courts
If you have children with your former spouse because spousal maintenance is measured by income and spousal needs rather than how much spousal income could help improve the lives of both parties, then spousal maintenance awards can be changed when there’s a change in circumstances such as if either party starts a new romantic relationship or remarries. If spousal maintenance was received by one spouse before divorce, that amount may need to decrease after spousal property division so the recipient can get back on his/her feet financially.
In Arizona, spousal support is based on the length of time that a couple was married. If you have questions about whether or not your marriage qualifies for spousal support payments, please contact us. We are happy to help!
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