Arizona Alimony / Spousal Support

Arizona alimony, also referred to as spousal support, or maintenance is the amount of money one spouse pays to the other, by court order or through agreement of the parties, for support and maintenance.

Spousal support is intended to preserve the economic status of both parties as it existed during the marriage.

The court may place a lien on the separate property of either party or the marital property awarded to either party in order to secure the payment of an allowance for child support or spousal maintenance, or both.

Types of Alimony Awarded in Arizona

In Arizona, pending an action for divorce the court may make an allowance for spousal support. This is called Pendente Lite alimony. According to Arizona Statute 25-905.Temporary orders for support and spousal maintenance- "A husband or wife may file a petition for legal separation or a petition for dissolution of covenant marriage at any time. The court may enter temporary orders pursuant to section 25 315 at any time after a petition for legal separation or a petition for dissolution has been filed pursuant to this chapter."

Rehabilitative alimony is sometimes awarded in short term marriages. An example would be where one spouse needs support for a limited amount of time until they have the ability to transition back into the work force.

An award of alimony in Arizona is discretionary. Spousal support is only awarded when it can show the need of one party AND the ability of the other party to pay.

Factors Affecting Alimony

Spousal support or maintenance in Arizona can be awarded based on these factors- If the court finds that the spouse seeking maintenance:

Amount and Duration of Alimony

The amount and duration of Arizona spousal support or maintenance is determined without regard to misconduct and can be awarded based on these factors

Modification of Alimony in Arizona

In Arizona alimony is modifiable, however if both parties agree, the maintenance may state that its maintenance terms shall not be modified.

Termination of Alimony in Arizona

Arizona alimony conditions including when it will stop are specified in the terms of the divorce. Reasons for the termination of alimony include the death or remarriage of the person receiving the payments.

Spousal support in Arizona terminates upon the death of either spouse, or the remarriage or cohabitation of the receiving spouse. In Alabama for cohabitation to be sufficient to terminate alimony it must show permanence, for example sharing a dwelling, ceasing to date others, contribution of the cohabitant to the support of the spouse that is receiving alimony delivery of mail to the cohabitant at the shared residence and voter registration.

Arizona statutes Title 25 - Marital and Domestic Relations; Chapter 3 DISSOLUTION OF MARRIAGE can be found here: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=25

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