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Spousal Maintenance
My spouse cheated on me. Am I entitled to spousal maintenance?
Infidelity is not something the Court considers when awarding spousal maintenance.
Read Full FAQDo I need to be married 10 years before I can get spousal maintenance?
No. There is no minimum length of marriage requirement in the law. Obviously, though, the shorter the marriage, the less likely spousal maintenance is to be ordered. You should be aware that certain other benefits that you may be entitled may require a minimum length of marriage. This is particularly true if you want to draw on your spouse’s Social Security (a 10-year marriage). If your spouse is in the military and will qualify for military retirement pay not related to a disability, there may be benefits available to you depending on the length of the marriage.
Read Full FAQMy spouse earns $84,000 per year. I earn $60,000. So, if I get $1,000 per month in spousal maintenance, then our incomes will be even. Is that how spousal maintenance works?
No. Spousal maintenance is not intended to equalize incomes. The purpose of spousal maintenance is to help the receiving spouse meet their reasonable needs and to help them transition to independence.
Read Full FAQMy spouse and I are both retired. My spouse was the breadwinner. We will be dividing the retirement assets evenly. Will I get spousal maintenance?
No. Since you are both getting an equal share of all the retirement assets, each of you will have the same income, so there is no need for spousal maintenance.
Read Full FAQMy spouse and I make the same amount of money. Will I get spousal maintenance?
No. Spousal maintenance is not necessary when the parties earn the same amount. A spousal maintenance award should not make it so the paying spouse has less income than the recipient spouse.
Read Full FAQI make much more than my spouse does, but my spouse will be getting a million dollars’ worth of property in the divorce. Will I still have to pay spousal maintenance?
You might. Certainly, you will have an argument that your spouse has enough property to be self-sufficient such that spousal maintenance should not be ordered or should be reduced. But the Court will also look at whether spousal maintenance is necessary to help the receiving spouse maintain the lifestyle established during the marriage.
Read Full FAQHow does the law of spousal maintenance actually work?
The law regarding spousal maintenance is A.R.S. § 25-319. It has two parts for determining maintenance. Under A.R.S. § 25-319(A), a spouse must meet one of the five listed criteria to qualify for spousal maintenance. Once they do, we move to the calculation. It used to be that we moved onto A.R.S. § 25-319(B) to determine the amount, but under the new Guidelines and updated law, the 25-319(B) factors while still considered are applied during the calculation and determination phases of spousal maintenance.
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