ASK ANGIE^TM
By Angela Hallier, Esq.
Answers to your divorce and family law questions

Q When I divorce, will I qualify for "spousal maintenance?

A To qualify to receive alimony (referred to in Arizona as spousal maintenance), one of these circumstances must be true for you: You do not have enough property, including property you will be awarded in your divorce, to provide for your reasonable needs; You are unable to be self-sufficient or lack earning ability in the labor market to be self-sufficient; You are the custodian of a child whose age or condition is such that you should not be required to seek employment; You contributed to the educational opportunities of your spouse; or Your marriage is of a long duration and you are of an age that may preclude the possibility of becoming self-sufficient through employment.

Q If I qualify, how much spousal maintenance will I get and for how long?

A If you qualify for maintenance, the amount and length of time you receive it will be based on: The standard of living during your marriage; The length of your marriage; Your age, employment history, earning ability and physical and emotional health; The ability of your spouse to meet his or her own needs while meeting yours; The financial resources available to you as compared to those available to your spouse; Your contribution to the earning ability of your spouse; The extent to which you reduced your income or career opportunities for the benefit of your spouse; The abilities of you and your spouse to contribute to future educational costs of your mutual children after the divorce; Your financial resources, including assets awarded you in the divorce, to meet your own needs; The time necessary for you to obtain sufficient education or training to find appropriate employment; Concealment, fraud or excessive or abnormal expenditures by either you or your spouse; and The cost of health insurance for each of you upon your divorce. In Arizona, spousal maintenance is "rehabilitative" in nature. Maintenance will be awarded in an amount and for a length of time that will enable you to become "self-sufficient." This means different things in different cases, and to some extent is viewed in the context of the standard of living established during the marriage, especially is the marriage is of long duration. In certain circumstances, if your marriage is of long duration, if the earning abilities of you and your spouse are significantly different, and if it is not anticipated that during your lifetime you can become selfsufficient, you may receive maintenance for your lifetime. Maricopa County Superior Court has approved spousal maintenance "guidelines." These guidelines are neither binding on nor necessarily referred to by the court. However, they can be of assistance for discussion and negotiation purposes as they indicate a general range of the amount you might receive and for how long.

If you and your spouse agree on the amount and length of time you will receive maintenance, you may also agree that the maintenance is "non-modifiable" as to amount and/or duration. This means that no matter what happens to either of you during the term of maintenance, it cannot be modified. This is not the case if your case proceeds to trial and a judge enters an award of maintenance. In that case, your maintenance is subject to being modified by you or your spouse, upon a showing by either of you of "changed circumstances" after the original award. Maintenance ends upon your death, your spouse's death or your remarriage unless you and your spouse agree differently. Spousal maintenance will be taxable income to you and deductible by your spouse, unless the two of you specifically agree otherwise. Also note that marital misconduct

It is always advisable to seek the counsel of a qualified attorney who can advise you specifically about your case. The information in this column is provided for general information only in the state of Arizona, is not specific to any one case and does not create an attorney-client relationship between the author and the reader. ©2003 - 2008 Hallier Law Firm PLC

ASK ANGIE^TM is published monthly in Arizona Trends Magazine.