Spousal Maintenance/Alimony Legal Services in Arizona

At McLeester Law, we understand the financial challenges that arise during and after a divorce or legal separation. Spousal maintenance, also known as alimony, is designed to provide financial support to a spouse who may need assistance transitioning to financial independence. Our experienced attorneys in Phoenix, AZ, are here to help you navigate the complexities of spousal maintenance, ensuring a fair and equitable resolution.

What is Spousal Maintenance/Alimony?

Spousal maintenance is a court-ordered payment from one spouse to the other to help with living expenses after a divorce/legal separation. The purpose is to support a spouse who may lack sufficient income or resources to meet their needs.

Types of Spousal Maintenance in Arizona

• Temporary Maintenance: Awarded during the divorce/legal separation process to provide immediate financial support.

• Rehabilitative Maintenance: Maintenance granted after finalizing the divorce/legal separation to allow the receiving spouse adequate time to become self-sufficient.

• Permanent Maintenance: Granted in rare cases, typically when one spouse cannot achieve financial independence due to age, disability, or other factors.

How Spousal Maintenance is Determined

Many say spousal maintenance in Arizona is a two step process, but because of the wording of our laws, it's really more of a three-step process.

1st - Qualification: A.R.S. § 25-319(A) outlines whether or not someone is qualified for spousal maintenance. The court considers the financial resources of the parties, the sacrifices the parties made in their careers for the betterment of their spouse's career, earning ability in the market, whether the parties have a child that is of a certain age or condition that would prohibit one party from working, a long duration marriage where the receiving spouse is of such an age that they may not be able to obtain adequate employment.

2nd - Entitlement: Because of the wording of A.R.S. § 25-319(A), just because a spouse qualifies for spousal maintenance, it does not mean they will receive it (entitled). This is where the judge would have discretion in a case. For example, a spouse may have made many sacrifices to their own career for the benefit of the other spouse's career, however, they still make similar or more as the other spouse.

3rd - Determining Amount and Duration: After decades, the courts now have a Spousal Maintenance Calculator for the judges to use to determine the amount and duration of spousal maintenance. The factors include the ages of the parties, the duration of the marriage, the mortgage payment, the amount of people in the family, the actual income of the parties, and the additional attributed income of the parties. The Spousal Maintenance calculator then creates a range for the amount of spousal maintenance and a range for the duration of spousal maintenance. The court then uses the 13 factors outlined in A.R.S. § 25-319(B) to determine the amount and durations in the range. These factors include but are not limited to: the length of the marriage, standard of living during the marriage, the contributions to the career of the other spouse, age, employment history, physical condition, emotional condition, the paying spouse's ability to meet their own needs, etc.

Why Choose McLeester Law for Spousal Maintenance Matters?

Navigating spousal maintenance laws requires a deep understanding of Arizona statutes and court procedures. At McLeester Law, we provide:

Benefits of Working with McLeester Law

• Expert Knowledge: Our attorneys have extensive experience handling spousal maintenance cases in Arizona.

• Tailored Strategies: We develop personalized legal strategies to protect your financial interests.

• Clear Communication: We keep you informed at every step of the process.

• Strong Advocacy: Whether negotiating an agreement or representing you in court, we prioritize achieving favorable outcomes.

• Post-Divorce/Legal Separation Support: We assist with modifications or enforcement of spousal maintenance orders when necessary.

Our Spousal Maintenance Services

Establishing Spousal Maintenance

We help clients seeking or contesting spousal maintenance to ensure that the court’s decision is fair and equitable.

Modifying Spousal Maintenance

If circumstances change significantly, such as a change in income or remarriage, we assist with modifying existing spousal maintenance orders.

Enforcing Spousal Maintenance

If a spouse fails to comply with a court-ordered spousal maintenance arrangement, we take legal action to enforce the order and secure the payments you are entitled to receive.