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Divorce can be complicated, and there are aspects of ending a marriage, such as spousal maintenance, that raise questions to one or both partners.

Our team of Arizona divorce lawyers and family law attorneys at Sonoran Law Group have over 15 years of experience practicing and supporting clients in family law cases that include divorce, child custody laws, alimony, and spousal support.

We have successfully secured maintenance awards for a spouse, interim spousal maintenance awards, and also defended against claims for spousal maintenance when applicable.

What Is Spousal Maintenance?

Spousal maintenance pertains to one spouse who makes less money or has less property and/or assets than the other. If a woman or man has been a primary breadwinner, the other party has the ability to receive alimony. The longer the couple is married, the larger amount of alimony the other will receive.

The first step in any spousal maintenance or alimony case is to see if one spouse qualifies. Our lawyers will determine if the client or spouse apply to the following qualifications:

  • The individual in question lacks sufficient property or funds to provide for his or her reasonable needs
  • The individual is unable to be self-sufficient or lacks work experience. The individual might not be able to work or perform a job that will support their basic needs. This also applies if the spouse seeking alimony is the primary caregiver for a child or children and is a stay at home parent or whose full-time job is caretaking.
  • The marriage was long-term and prevented the spouse from entering the work field with sufficient experience or knowledge.

The second step in a spousal maintenance case is to analyze the contributing factors above and in a court of law, either decide for or against awarding spousal maintenance in the event a divorce occurs.

Once the factors have been analyzed, the case will go before the court where the judge will look at both incomes, education levels, length or duration of the marriage, and how the working partner benefited from the supporting partner staying at home or creating a lifestyle change to either care for children or support a home.

The court will also observe and analyze any spending from the spouse. Is there extra or excessive spending that will not factor in maintaining a lifestyle? Contrary to popular belief, infidelity does not warrant the reduction of a spousal maintenance law in Arizona after a divorce, unless the affair contributes monetarily to the spouse giving maintenance.

Choosing the Right Divorce Lawyer in Arizona

In choosing a family law attorney or divorce lawyer, it is important to recognize the experience and strategy of the law team representing you. Contact us about your case and we will be happy to guide you in the right direction to create a case that prioritizes your needs before and after a divorce.