Family Law AdvisorŪ
Frequently Asked Questions

1. Does Arizona have Alimony?

   Yes. Alimony or spousal support may be awarded to either spouse for their support after the divorce. Alimony payments are designed to help with financial obligations of the receiving spouse and to maintain a similar lifestyle. The lifestyle can not remain the same due to the paying spouse typically having to maintain two households for a period of time. Since a majority of spouses both work rewarding alimony is not extremely common although it does exist. Most of the time alimony is rewarded for a short period of time just to help the receiving spouse get on his or her feet again.

2. How is Alimony awarded?

   Alimony is awarded based on one of the following situations:

   1. A spouse lacks sufficient property to meet his/her reasonable needs;
   2. A spouse must stay home with a young child and cannot support him/herself with reasonable employment;
   3. A spouse supported his or her education; or
   4. The marriage was lengthy and a spouse has little chance of finding employment.

   The court considers the length of the marriage, the age of each spouse, health, employment, as well as the standard of living established during the marriage and other factors when establishing alimony.

3. How is spousal support or alimony paid or distributed?

   There are several factors to be considered based upon the current laws:

   • The advantages and disadvantages of lump-sum settlement.
   • The amount of such payment and the method it will be paid (cash, property).
   • Will it be paid in installments?
   • Conditions attached to paying and receiving (disability, death, remarriage, cohabitation).
   • Terms arranged to provide enforcement measures.
   • Tax effects of proposed arrangements.
   • The effects of will and inheritances.

4. What if I or my former spouse remarries?

   Unless each spouse agrees, in writing, that the alimony will continue after the party remarries, the support will end. Remarriage of the paying spouse will not terminate his or her obligations of support.

5. What if my spouse quits working to stop his or her support?

   A former spouse cannot terminate his or her support by simply "quitting" their job. The court has the discretion to attribute an income to a spouse who voluntarily quits working or reduces his or her income.

6. What are the risks involved?

   There is always some risk involved with actually getting all of the court ordered payments. The factors that often lead to these risks are:

   • Additional expenses from new marriage or new family.
   • Cohabitation.
   • Incapacitation through illness.
   • Payment withheld as punishment, due to another order violation.
   • Refusal to pay.

- - Law Offices of Keith Knochel