Understanding Alimony in Arizona
Alimony, often called “spousal support” or “spousal maintenance,” is money that one spouse pays to the other spouse. It may be paid during a divorce, after the divorce is final, or during both periods.
Men and women are equally eligible to pay or to receive spousal maintenance payments in Arizona. Maintenance is awarded and amounts are set depending on the specific financial situation of the parties, not depending on each person’s sex.
The purpose of alimony is to ensure that a lower-earning spouse can pay for necessities, like food and shelter.
Temporary spousal maintenance, which lasts only for a specific period of time, is more common in Arizona than permanent or indefinite maintenance. Often, the purpose of alimony is “rehabilitative,” which means that it is to provide a spouse with some support while he or she develops the skills or finds the job or other support needed to support him- or herself.
Spousal maintenance is not awarded in every divorce case. First, the court must find that one spouse has a financial need and the other has the ability to pay. “Financial need” may be based on factors like one spouse’s lack of property after the settlement to pay for basic needs; the support one spouse gave the other in terms of education opportunities, or an inability to support him- or herself via appropriate employment – for instance, if one spouse has a disabling medical condition.
If you’re considering filing for divorce in Arizona or have recently begun the divorce process, the dedicated Phoenix divorce attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C. can help. Contact us today to learn more.
About the Author
Zachary Mushkatel is a founding attorney of Mushkatel, Gobbato, & Kile, P.L.L.C., who has practiced law in Arizona since 2004. He also practices before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. A graduate of the University of Arizona and the University of Minnesota Law School, he started his career as a public defender and entered private practice in criminal defense. In 2008, Zachary co-founded a firm dedicated to civil law in addition to criminal defense, and he has since expanded his practice to personal injury, estate planning and litigation, guardianships, conservatorships, probate, corporate litigation, real estate, and various civil matters. He serves on the board and faculty of the Arizona College of Trial Advocacy, and he is a past president and current member of the West Maricopa County Bar Association.
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