Spousal Maintenance Attorneys in Phoenix

When faced with a potentially devastating divorce or separation, there are many financial aspects to consider. While matters such as the division of property and assets may come at a later date in the process, spousal maintenance, also called spousal support or alimony, may need to be set up right away as temporary spousal support in order to avoid financial ruin for the spouse in question.

Even if there is not an immediate need for spousal support, it may still be granted through the courts after a trial to determine matters such as which spouse has a case for spousal maintenance, how much spousal maintenance should be awarded, and under what circumstances. We now have spousal maintenance guidelines that must be used that provide for a payment range as well as a duration range, and then the negotiations begin.

If you are facing this difficult time, you need experienced legal help. With the help of experienced spousal support attorneys in Phoenix, finding the legal guidance you need doesn’t have to be a hassle.

Am I Entitled to Spousal Support?

It is important to note that not every dissolution of marriage ends with an alimony case wherein one spouse is awarded alimony. There are instances where the couple chooses to avoid alimony, either through prenuptial agreements or other means. There are also instances where a spouse may request spousal maintenance only to be denied by the courts.

When trying to figure out if you have a case for requesting spousal maintenance, you should consider whether or not the marriage (and responsibilities like child-rearing) played a role in your financial standing. If both spouses worked outside of the home for most of the marriage at similar salaries, spousal maintenance may not be required or awarded. It is crucial to note that the process of determining spousal maintenance and receiving spousal maintenance in Arizona is a complex legal process with several factors at play.

If you are unsure if you are entitled to receive spousal support, speaking with spousal support attorneys in Phoenix is a good starting point. Likewise, if you are the former spouse most likely to pay alimony, it is a good idea to speak with a lawyer to ensure that your legal interests are protected.

Whether you are the party seeking maintenance or not, a Phoenix spousal maintenance lawyer will be able to answer your questions regarding the entire process.

What Factors Impact Spousal Support?

There are a few factors you need to know about since they may impact spousal maintenance. It is important to keep in mind that spousal maintenance is separate from child support that the court orders you to pay.

Child support is a separate financial matter outside of spousal support. However, minor children are considered a factor oftentimes in spousal support cases, especially on matters such as each parent’s financial ability to maintain the child’s lifestyle or pay for educational costs in the future. If there are no children as a result of the marriage, spousal support will still be considered by a judge if one spouse earned substantially more than the other spouse during the marriage.

A judge may also consider factors such as sacrifices made by one spouse in support of the career of the other spouse when determining spousal support eligibility. For example, if one spouse worked while the other spouse finished school, that may be enough for a judge to determine that sufficient sacrifice was made to award alimony.

Since spousal support is such a complex legal matter, and no two marriages are the same, it is best to speak with a lawyer on your specific case. Experienced spousal support attorneys will be able to help you navigate the process while ensuring the best chance at the desired outcome.

Can I Avoid Paying Spousal Support?

If you are the spouse faced with making spousal support payments, it can be an added financial consideration during a time of personal upheaval. While many spouses would prefer not to pay alimony to their soon-to-be ex-spouse, it is really up to the judge.

The judge is the deciding force in any Arizona spousal support case, which is why having experienced legal counsel on your side is crucial. The judge has the final say on how much you will be ordered to pay and for how many years. If you are ordered by a judge to pay spousal support and refuse to do so, you may face further legal consequences related to your failure to pay.

In some instances, it may be possible to have the spousal support order changed, but this is under rare circumstances and would need to go through the courts in order to avoid legal consequences from not making your scheduled payments. While it may not be possible to avoid paying alimony altogether, working closely with experienced spousal support attorneys may help you settle on a lower payment or a shorter duration of payments over time.

If you are the paying spouse, you may have legal options available to you. In some cases, a spousal support attorney may be able to ask for the order to be terminated due to the physical and emotional condition of the paying spouse.

How Long Does Spousal Support Last?

Spousal support is usually put in place with a determined termination date by the judge based on Arizona spousal maintenance guidelines. Arizona uses spousal maintenance calculators as part of determining how long alimony payments will be made to the payee. Since every case (and marriage) is unique, there is no set timeline for how long you can expect to receive or pay spousal support.

However, there are certain events that can terminate an alimony agreement prior to the judge’s ordered termination date.

For example, the death of either party or the remarriage of the supported party is enough to terminate the order and cease payments. This means that if the spouse seeking maintenance dies or remarries, they will no longer receive spousal support. While these are the main ways in which spousal maintenance payments are terminated, it may be advisable to speak with a lawyer about your specific situation.

An experienced spousal support attorney may be able to help explain how long support lasts and what your legal options may be.

Can a Lawyer Help with Spousal Support Modifications?

For the most part, a spousal maintenance order, much like a child support order, is a legal agreement to pay what the judge deems fit after considering all of the factors of the case. The alimony payments will typically be removed from your paycheck in most cases, which helps you to not default or miss a payment.

However, if you fall on hard times, such as a loss of income or a sudden illness, it may be possible to request a modification. If you are struggling to make payments, working with an experienced spousal support attorney on modifications may be a good starting point to get back on track.

A modification may also be requested from the paying spouse if the income of the payee spouse has increased significantly since the order was put in place by the judge. If you are unsure if you have a legal standing for a modification request, speaking with a spousal support lawyer will give you more insight and prepare you for the legal battle ahead.

How Can a Spousal Support Lawyer Help Me?

When you are the spouse seeking maintenance or alimony, working with a spousal support lawyer helps ensure that the judge is presented with as comprehensive a picture as possible of the financial impacts of the marriage on each spouse.

An experienced spousal maintenance lawyer will work with the spouse seeking maintenance to consider every legal aspect and avenue before the case goes before the judge. If you are the spouse who was the “breadwinner” and will be asked to pay spousal maintenance, working with a lawyer will help ensure that you put your best legal foot forward in hopes of a manageable payment amount.

Regardless of whether you are the spouse seeking maintenance or the one making spousal maintenance payments, working closely with experienced spousal maintenance lawyers may make the process easier to navigate. The legal system is overwhelming and full of nuanced complexities. With the help of an attorney in your corner, you will have someone there to answer questions and provide legal guidance when you need it most.

Best of all, your spousal maintenance lawyer will act as your advocate while fighting on your legal behalf. Since spousal maintenance is something that can last for years, it is crucial that you ensure the best fighting shot for your case from the start, which is why hiring legal counsel early on is of paramount importance, whether you are the party seeking spousal maintenance or the paying spouse.

Find a Spousal Maintenance Lawyer Today

When facing a legal battle, it is always a time of great stress. With something as personal as the dissolution of a marriage or a legal separation, the stress factor can quickly become overwhelming and unmanageable.

This is where experienced legal counsel may save you time, money, and headaches. By working with a spousal support lawyer, you ensure that you have taken every reasonable precaution to safeguard your legal interests and financial future.

Whether you are the party seeking maintenance or the spouse being asked to pay, working with a lawyer is a smart move during an already challenging time in your life. We are here to answer questions and offer legal guidance on your spousal maintenance case.

Contact us today at 480-448-0608 to get started. You deserve experienced legal counsel who is willing to fight aggressively on your legal behalf. Let our firm assist you today.