June 1st, 2012
The Legal Process of Alimony in Arizona
Under A.R.S. § 25-319, a spouse is entitled to receive maintenance support. This support typically takes the form of a monthly sum of money. If you are going through divorce in Arizona, then a lawyer can help you obtain the alimony that you deserve as a result of divorce. A Phoenix divorce attorney can take you through the process of filing for alimony. You will have to prove that one of four statutory requirements has been met under A.R.S. § 25-319. The test must be met in order for you to receive any amount of funding in a settlement from the court. Either spouse may seek alimony in a divorce proceeding. A Phoenix divorce attorney can thoroughly discuss a strategy that you and your attorney use in recovering alimony. He or she may also use case law for support of your fulfillment of one of the four alimony requirements. To be considered for alimony, a Phoenix divorce attorney may show that one spouse lacks sufficient property. The attorney may also show that one spouse lacks the ability to earn funds in the open market or must take care of a child in the home. If one has had a long marriage or supported the other in educational opportunities, then these may be other grounds for a court’s ability to grant alimony in favor of one spouse. After one of these factors has been proven, then the court will consider a variety of factors in determining the amount of alimony that should be granted toward one party. The court will consider the standard of living that was established during the marriage to determine the amount of alimony that will be provided. The duration of the marriage and financial resources of each spouse will also be considered. One of the other important factors that will be taken into consideration is the need for health insurance. By working with a Phoenix divorce attorney, you can wade through the excessive law governing alimony and seek a peaceful resolution in your own case.