Scottsdale Spousal Maintenance & Alimony Attorneys

Helping Clients Obtain the Best Outcome for Their Cases

During your divorce, the decisions made about spousal maintenance can impact your financial future for years to come. Whether you are negotiating an out-of-court settlement with your spouse or a judge is deciding your arrangement for you, having a qualified alimony lawyer can help you protect your interests.

At Singer Pistiner, PC., our Scottsdale alimony attorneys provide a personalized, simple, and quick approach to assisting you throughout your spousal maintenance concerns. Contact us today to speak with an experienced spousal support lawyer in Scottsdale!

Call (480) 418-7011 today to schedule your free consultation with our alimony lawyers in Scottsdale, AZ. You can also contact us online.

Arizona Laws on Spousal Maintenance

A.R.S. §25-319 of the Arizona Code specifies when a court should grant spousal maintenance or alimony to a spouse during a divorce.

Under This Law, the Court May Order Spousal Support if One Spouse:

• Lacks sufficient property, including property received in the divorce settlement, to meet his or her reasonable needs.
• Is not able to become self-supporting through appropriate employment.
• Lacks the earning ability in the labor market to become self-supporting.
• Is caring for a child whose age or condition means that the caregiver shouldn’t get a job outside of the house.
• Contributed to the educational and career opportunities of the other spouse.
• Had a marriage of long duration and is now too old to enter the labor market and get a job to become self-sufficient.

Beyond these criteria, the court often considers the specific financial conditions of both spouses, which can play a decisive role in resolving disputes over alimony payments. By understanding the intricacies of Arizona's spousal support laws, individuals can better prepare themselves for the negotiation process, ensuring a fair and just outcome.

Understanding Arizona's Court System for Alimony

Arizona's court system operates under specific guidelines to ensure that alimony awards are consistent and equitable. Judges must review a myriad of details, including the duration of the marriage, the lifestyle established during the union, and the needs and capacities of each party. Often, judges conduct hearings to allow both parties to present evidence and testimonies related to financial needs and contributions to the marriage.

Moreover, understanding the local court preferences and tendencies in Scottsdale can greatly influence the outcome of these hearings. It's beneficial for clients to work closely with a legal representative familiar with these procedural nuances. Using local precedents and examples of similar cases can also be advantageous during negotiations. At Singer Pistiner, PC., we ensure our clients are equipped with the necessary knowledge to confidently engage in these legal procedures and seek favorable results.

Tax Implications of Spousal Support in Arizona

In Scottsdale, understanding the tax implications of spousal support is essential for financial planning during divorce proceedings. The Tax Cuts and Jobs Act of 2017 brought significant changes impacting how alimony is taxed. For divorces finalized after December 31, 2018, alimony payments are no longer deductible for the paying spouse and are not considered taxable income for the receiving spouse. This shifts the financial landscape, influencing how settlements are negotiated.

It is crucial for both parties to account for these tax implications when calculating potential spousal support. Adequate financial planning and legal advice can help mitigate unforeseen tax burdens or disputes. Our attorneys at Singer Pistiner, PC., work hand-in-hand with financial advisors to ensure all aspects of tax liabilities are considered and strategically addressed, providing our clients with a comprehensive approach to their financial futures.

Evidence Must Be Provided

Some of these factors are subjective issues. The person seeking support would need to demonstrate that his or her child requires in-home care or that they are not able to get a job that would pay enough to live on. The spouse who claims to have supported the education and career of the other may also need to provide proof of the extent of his contribution.

The more evidence you have to support your position and the more compelling the arguments, the greater the chance will be that the judge sides with you on the issue of spousal support. Spouses both arguing for and against required spousal maintenance need to have their own experienced Scottsdale alimony lawyer who is prepared and ready to help them make their case.

How Is Alimony Determined in Arizona?

The Arizona law also specifies the factors to consider in determining the amount of spousal maintenance to be paid.

Factors Determining the Amount of Spousal Maintenance Include:

• The standard of living that was established while the couple was married.
• How long the marriage lasted.
• The age of the spouse seeking support.
• The earning ability, as well as the physical and emotional condition, of the spouse seeking maintenance.
• The ability of the spouse who would pay maintenance to provide for themselves and their ex-spouse.
• The comparative earning potential and financial resources of each spouse.
• The contributions the spouse seeking maintenance has made to the paying spouse, as well as the extent to which the recipient spouse’s own career potential has been reduced because of sacrifices made to support his/her husband or wife’s career.
• The ability of both spouses to contribute support to their shared children after divorce.
• Financial resources of the spouse who is seeking maintenance, including assets and money awarded in the divorce.
• The amount of time that would be necessary for the recipient spouse to earn education and training and become self-supporting.
• Whether either spouse has wasted or hidden marital property.
• The cost of health insurance for both spouses.
• Damages and costs from criminal convictions of either spouse in which the other spouse or the child was a victim.

Courts take these factors into account to provide a decision that aims for fairness and balance. Each situation is unique, and presenting a detailed, truthful account can improve the likelihood of receiving a favorable outcome. It is essential to understand that both temporary and permanent solutions can be pursued based on individual circumstances.

Couples may also come to an agreement on spousal support on their own without putting the issue before a judge. However, before agreeing on any proposed divorce settlement, you should have a Scottsdale alimony attorney review it to ensure it is fair and reasonable under the law.

What Are the Types of Alimony a Spouse Can Receive?

It's crucial to understand the various types of alimony that may be applicable to your situation. Each type serves a specific purpose and can significantly impact your financial future. At Singer Pistiner, PC., our experienced attorneys guide you through the nuances of alimony in Arizona.

Here are the Main Types of Alimony You Might Encounter:

• Temporary Alimony: This type is awarded during the divorce process to provide financial support until a final decision is made.
• Rehabilitative Alimony: Designed to support a spouse in becoming self-sufficient, this alimony type is typically awarded for a limited time while the recipient gains education or job training.
• Permanent Alimony: Often granted in long-term marriages, this type of support continues indefinitely or until the recipient remarries or passes away.
• Lump-Sum Alimony: Instead of ongoing payments, this option provides a one-time payment, which can be beneficial for both parties in certain circumstances.

Understanding these different alimony options is vital for planning and negotiating your financial future post-divorce. Each type has specific implications that can greatly affect long-term financial planning and commitments. Consulting with a knowledgeable Scottsdale alimony lawyer can help clarify which type of support aligns with your situation and strategies for either obtaining or contesting alimony.

Our team at Singer Pistiner, PC., is dedicated to helping you navigate these complexities and secure the financial support you deserve. Contact us today for a consultation!

The Process of Determining Spousal Support in Arizona

Here’s how the process for determining alimony typically unfolds:

• Filing for Divorce: Alimony discussions often begin when one spouse files for divorce, stating their need for financial support.
• Discovery Phase: Both parties will exchange financial information, including income statements, tax returns, and other relevant documents. This process is crucial for establishing a clear picture of each spouse's financial situation.
• Negotiation: In many cases, spouses can negotiate alimony terms outside of court. Mediation can be a helpful tool for reaching a mutually agreeable solution without the stress of litigation.
• Court Hearing: If negotiations fail, the case may go to court, where each spouse will present their case regarding spousal support. The judge will consider the evidence presented and make a decision based on state laws and the factors mentioned above.
• Modification and Enforcement: Once alimony is awarded, circumstances can change. Either spouse may request a modification if there is a significant change in financial circumstances, such as job loss or a substantial increase in income. Additionally, if a spouse fails to pay the awarded alimony, enforcement actions may be necessary.

Understanding each step in the spousal support process can significantly increase transparency and predictability during a divorce. Early engagement with a legal advisor can help individuals prepare the necessary documentation and negotiation strategies to improve the chances of a favorable resolution.

Commonly Asked Questions About Alimony

How Much Alimony Does a Wife Get in Arizona?

In Arizona, there isn't a specific percentage formula for calculating alimony, as the amount awarded varies significantly based on individual circumstances. However, some general guidelines suggest that spousal support might range from 20% to 30% of the higher-earning spouse's income, depending on factors like the length of the marriage, the standard of living, and each spouse's financial situation. 

These considerations aim to balance the financial disparity between spouses post-divorce, ensuring that both can maintain a fair standard of living. Understanding these factors can improve negotiation strategies and lead to more equitable discussions regarding spousal support.

What Disqualifies You From Alimony in Arizona?

Several factors can disqualify or reduce a spouse's eligibility for alimony in Arizona, including remarriage, self-sufficiency, and marital misconduct such as infidelity (although it is not always a disqualifying factor).

It is crucial for individuals to provide comprehensive documentation and evidence of their financial status and contributions to the marriage. Consulting with a legal professional can help identify and gather the necessary materials to support or dispute an alimony claim.

Is Alimony Automatic in Arizona?

No, alimony is not automatic in Arizona. It is determined on a case-by-case basis during divorce proceedings. One spouse must request alimony, and the court will consider various factors before making a decision. Both parties have the opportunity to present evidence and arguments regarding the necessity and amount of alimony.

Each divorce case is unique, and it is not uncommon for outcomes to vary widely. Thus, early legal counsel is recommended to clear any misconceptions and strategically address spousal support during a divorce.

Can Alimony Be Modified After the Divorce Is Finalized?

Yes, alimony can be modified after the divorce is finalized in Arizona. Either party can request a modification due to significant changes in circumstances, such as a substantial increase or decrease in income, changes in employment status, or alterations in financial needs. The requesting party must demonstrate that the change in circumstances is significant and substantial enough to warrant a modification. This process typically requires a court hearing to examine the evidence and arguments from both parties.

Understanding the grounds for modification is essential for protecting your financial interests. Working with an experienced Scottsdale spousal support attorney can provide guidance on the documentation and presentation required to effectively argue for or against modifications. An attorney can also help ensure compliance with any new court orders issued as a result of a modification request.

What Should I Do if My Spouse Refuses to Pay Alimony?

If your spouse refuses to pay awarded alimony, legal recourses are available. You can petition the court for enforcement, and the court may use various measures to enforce payment. These measures can include wage garnishment, liens on property, contempt of court charges, or even jail time for the non-compliant spouse. Ensuring that all court orders and communication are documented can aid in the enforcement process.

Working with a knowledgeable alimony attorney in Scottsdale can expedite resolution and limit the financial strain of unpaid alimony. At Singer Pistiner, PC., we are committed to protecting the rights and well-being of our clients through thorough preparation and assertive legal action when necessary.

Experienced in Spousal Maintenance Matters

Singer Pistiner, PC. has extensive experience representing clients on divorce and family law issues, including matters related to spousal maintenance in Arizona. Our Scottsdale spousal support attorneys can help you to protect your financial future.

When you have family problems that require the help of a skilled Scottsdale alimony attorney, call Singer Pistiner, PC. We offer decades of experience to give you the compassionate representation you deserve throughout the duration of your legal proceedings. 

With our team on your side, you can count on dedicated representation committed to helping you obtain the best possible outcome for your situation. 

Call (480) 418-7011 today or fill out this online form to speak with our alimony attorneys in Scottsdale, Arizona.