Often, one of the most hotly contentious issues in Arizona Family Court is a request for Alimony during a divorce. Alimony—called spousal maintenance in Arizona—is often disputed because the courts do not consider spousal maintenance an obligation as they do child support. However, there are some circumstances in which an Arizona court issues orders for spousal maintenance as part of a divorce decree whether the spouses came to a mutual agreement on the matter in a divorce settlement agreement or the judge made the determination after a dispute in divorce court.
If spousal support is a possibility for your divorce, an alimony lawyer in Gilbert can help you gain the best possible outcome for your case. Call the Gilbert family law attorneys at Stewart Law Group today so we can begin a strategy to protect your best interests.
Why Choose Us for Your Alimony Attorneys in Gilbert?
The Arizona Alimony lawyers at Stewart Law Group have represented clients through thousands of divorces, including many divorces with spousal maintenance as an issue of contention. We are well-versed in the Arizona court’s views on spousal maintenance orders and understand when the court considers a spouse eligible. With our century of combined legal experience in Arizona divorce law, your case is in good hands from attorneys who have represented clients extensively on both sides of this sensitive issue. We offer the following significant advantages to our clients when they navigate a divorce with alimony orders:
- Purposeful limits on our caseloads so we provide personal, one-on-one attention to every client’s case, including in spousal support determinations
- Our legal team has an in-depth knowledge base built over a century of combined experience, plus, you’ll enjoy the individual attention of an attorney prioritizing your case
- Stewart Law Group is a full-service family law firm ready to handle all aspects of your divorce, including child custody, parenting time schedules, child support, and the division of assets and debts as well as your alimony case
- A strategy tailored to your unique case in order to protect your best interests throughout the process of divorce and alimony orders
- We strategize a targeted plan to achieve the best possible outcome for your Arizona alimony case and all terms of divorce
Our lawyers agree that a resolution-based approach seeking a settlement agreement for temporary, emergency, or permanent alimony is the best way to minimize contention; however, we also defend our client’s best interests in court when a settlement agreement isn’t possible.
How an Attorney Can Help Your Alimony Case
The lawyers at Stewart Law Group are deeply familiar with the Arizona courts’ decisions in alimony cases. We are well-versed in representing clients from both sides of this issue and are ready to guide you through the process. Your lawyer from Stewart Law Group will do the following:
- Review financial disclosures to determine if you or your spouse are eligible for spousal maintenance
- Ask about your marital history, including whether or not one spouse postponed or sacrificed their education/career goals to support the other’s career or to raise children
- Assess the financial circumstances of each spouse after the division and distribution of marital assets
- Generate calculations to determine the amount of alimony a judge may order if the case goes to court
- Facilitate a settlement agreement whenever possible to avoid court
- Assertively defend your rights and best interests if there is an alimony dispute that goes before a judge
Alimony is a sensitive issue on both sides. An experienced attorney benefits a client’s case through open, honest communication so you know what to expect should your case go to court.
Who Qualifies for Alimony in Gilbert Arizona?
Whether you are seeking alimony or disputing a spouse’s petition for alimony, you need a skilled attorney with a history of navigating client cases through both sides of this issue. An experienced alimony lawyer in Gilbert understands how judges in Arizona divorce court determine alimony eligibility. Spouses who may be eligible for alimony include the following:
- If one spouse earns significantly less than the other or isn’t employed and would experience a significant change in lifestyle after the divorce
- When one spouse’s portion of the fair and equitable division of their assets isn’t enough to support them while they seek to rejoin the workforce or increase their income
- When the divorcing spouses have young children and one spouse doesn’t work outside the home because they care for the children
- If one spouse isn’t self-sufficient because they’ve been out of the workforce for a time due to having children, maintaining the home, or supporting their spouse’s career
- If one spouse supported the other financially through their education so the spouse could obtain or advance their career goals
- When a long-term marriage ends and one spouse has aged out of the workforce
- If a spouse has a disability or impairment that makes self-sufficiency challenging or impossible
In addition, a court may award temporary alimony to a spouse if the other spouse attempts to hide or dispose of assets to prevent the “fair and equitable division of assets demanded by the court during the divorce. Under Arizona Arizona §25-319, the law lists the following as one of the reasons a court may award alimony:
“Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.”
Your Gilbert alimony attorney will present the evidence in your case to support your position throughout settlement negotiations and in court if the dispute isn’t resolved with a mutually acceptable agreement.
Is Alimony Permanent in Arizona?
Arizona courts rarely award permanent alimony, and only in cases of divorce after long-term marriage when one spouse’s age or abilities preclude them from becoming self-sufficient. Instead, Arizona §25-319. states the following:
“The court may award spousal maintenance pursuant to the guidelines only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient.”
An order for alimony may be an emergency order to prevent hardship during the divorce process. Often, this is followed by an order for alimony for a limited time or until the spouse gains self-sufficiency.
Modifying Alimony Payments
The terms of a temporary or permanent alimony agreement are legally binding when a judge issues orders in the divorce decree; however, the Arizona court understands that sometimes circumstances change beyond our control. When one spouse experiences a substantial change in financial circumstances due to job loss or a medical condition, they may seek a change or modification of their spousal support orders. Whether you are the receiving spouse or the paying spouse, an alimony attorney can present your case for a modification to the judge for the best possible outcome. Typically, the court requires a substantial change in circumstances or a 15% to 20% change in income before considering a modification request.
Call the Spousal Maintenance Lawyers in Gilbert at Stewart Law Group
A judge’s decision on alimony orders substantially impacts both spouses’ lives as they move forward from the divorce. No one facing divorce in Arizona should leave this matter to their spouse or a judge without skilled representation to protect their interests. Contact the Gilbert divorce attorneys at Stewart Law Group today to set up a consultation.