<![CDATA[Spousal maintenance is financial support given by one party to another during the divorce legal process in Phoenix and other cities throughout the nation. It is typically granted by the Court when a divorce attorney in Phoenix shows that one spouse does not have the assets nor the ability to gain appropriate employment that will provide the same standard of living enjoyed during the time of marriage. Along with other laws, such as marital property rights in AZ, spousal maintenance is in place to ensure that the financially dependent spouse is well protected in the court system. As an example, the Courts have ruled that a spouse need not exhaust a retirement account to support him or herself under Gutierrez v. Gutierrez 193 Ariz. 343, 348. If a party must rely solely on a retirement account to provide for reasonable needs, the divorce attorney in Phoenix as well as the Court will make sure that the spouse is taken care of by providing the appropriate amount in spousal maintenance. In determining the amount and duration of an award of spousal maintenance, the Court must consider the relevant factors contained in A.R.S. §25-319(B) during the divorce legal process in Phoenix. The factors are as follows: It should be noted that there is no hierarchy as to the foregoing relevant factors taken into consideration during the divorce legal process in Phoenix. No matter how large or small the needs of the party seeking spousal maintenance, the parties’ standard of living prior to the dissolution should always be considered by the Court when determining the award as established under Rainwater v. Rainwater 177 Ariz. 501.
1. The standard of living established during the marriage.
2. The duration of the marriage.
3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking spousal maintenance.
4. The ability of the financially independent spouse to maintain his or her own needs while also meeting those needs of the dependent spouse.
5. The comparative financial resources of the spouses, including their comparative earning capabilities in the labor market.
6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse.
7. The extent to which the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the benefit of the other spouse.
8. The ability of both parties after dissolution to continue to provide for the future educational costs of their children.
9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet his or her own needs independently.
10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, and whether such education or training is readily available.
11. Excessive and abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
12. The cost for the maintenance seeking spouse to obtain health insurance. This includes taking into account the reduction in the cost of the health insurance for the maintenance seeking spouse if they are able to convert family health insurance to employee health insurance after the marriage is dissolved.
13. All actual damages and judgments from conduct that resulted in criminal conviction of either spouse, in which the other spouse or child was the victim.If you are interested in learning more about the divorce legal process in Phoenix as it applies to your case, Attorney Craig Simon of Simon Law Group would be more than happy to help. Simon Law Group has represented parties in divorce cases for over thirty years, successfully earning spousal maintenance awards that are necessary for clients to uphold their standards of living. As a leading divorce attorney in Phoenix, Attorney Craig Simon will fight aggressively and professionally, smoothly navigating you through the difficult divorce legal process in Phoenix. For a free initial consultation, call Simon Law Group today at 480-745-2450 or contact us online(/contact-our-firm) to learn more about how our divorce attorney in Phoenix can help you.]]>