Spousal Maintenance

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Spousal
Maintenance

There have been a lot of changes over the years with respect to spousal maintenance in Arizona. The court uses a two prong test. The first prong is whether a person is eligible for spousal maintenance. This prong usually turns on whether or not someone is able to be self-sufficient through proper employment. However, there are also three other factors the Court can look at in determining eligibility, including whether a person has sufficient assets that will produce enough income to allow the party to maintain his/her expenses. If the Court determines that a person is eligible for spousal maintenance, it must then determine how much and for how long spousal maintenance should be awarded.
If one is unable to be self-sufficient or meets one of the other eligibility criteria, then the Court moves onto the second prong, determining the amount and length of time. In doing so the Court must look at 13 statutory factors. However, since September 2022, the Courts must now apply the Spousal Maintenance Guidelines, authored by the Arizona Supreme Court which requires the use of a Spousal Maintenance Calculator. This Calculator gives a person an idea of how much spousal maintenance he or she would receive each month. The Calculator has a low, median, and high number for how much a person could receive for spousal maintenance.. The Calculator also gives a range for duration. That way, a person can know approximately how long the spousal maintenance award would last.
If one is unable to be self-sufficient or meets one of the other eligibility criteria, then the Court moves onto the second prong, determining the amount and length of time. In doing so the Court must look at 13 statutory factors. However, since September 2022, the Courts must now apply the Spousal Maintenance Guidelines, authored by the Arizona Supreme Court which requires the use of a Spousal Maintenance Calculator. This Calculator gives a person an idea of how much spousal maintenance he or she would receive each month. The Calculator has a low, median, and high number for how much a person could receive for spousal maintenance.. The Calculator also gives a range for duration. That way, a person can know approximately how long the spousal maintenance award would last. The factors are as follows:
  • The standard of living established during the marriage.
  • The duration of the marriage.
  • The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance.
  • The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse seeking maintenance.
  • The comparative financial resources of the spouses, including their comparative earning abilities in the labor market.
  • The contribution of the spouse seeking maintenance to the earning ability of the other spouse.
  • The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse.
  • The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.
  • The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse's ability to meet that spouse's own needs independently.
  • The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.
  • Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
  • The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.
  • All actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim.
At the Law Offices of Adam Rieth, Adam has a lot of experience in pursuing spousal maintenance for his clients. He knows the spousal maintenance factors, and he knows how to best achieve the highest amount of spousal maintenance per month for the longest duration.