How To Avoid Paying Spousal Support in Arizona

Divorce and legal separation can be an incredibly stressful and complex process to go through. Consider speaking with a qualified divorce attorney at Lazenby Law Firm to simplify your family law case. With the help of an experienced legal professional, you can learn how to avoid paying spousal support in Arizona.

Understanding the Basics of Spousal Support in Arizona

Spousal support, also known as spousal maintenance or alimony, is a financial arrangement between separated or divorced spouses. Spousal support is typically court-ordered as part of the ex-spouses’ divorce agreement. This arrangement entails the higher-earning spouse making financial payments to the lower-earning spouse. Spousal maintenance can take place both during the divorce process and after the divorce or separation is finalized.

Temporary spousal support may be awarded to the lesser-earning spouse while the divorce case is ongoing as a way to provide sufficient funds for effective legal counsel. The court may decide to extend temporary alimony, but it typically ends once the divorce is finalized. Short-term, or rehabilitative, spousal support is provided after the divorce has been finalized and is designed to last for a specific period of time.

Permanent or long-term spousal support is rarely awarded in Arizona. Generally, permanent spousal support is reserved for specific instances, such as when one spouse is disabled, advanced in age, or otherwise unable to feasibly return to work to support themselves. Reimbursement spousal support, or compensatory alimony, is also rarely awarded beyond cases where one spouse sacrificed their time, funds, or career for their partner during the course of the marriage.

Qualifying for Spousal Maintenance in Arizona

The intended purpose of spousal support is to allow the lower-income spouse to maintain their standard of living as they adjust to life after marriage. Spousal maintenance is not always awarded to the spouse requesting it. The court must determine that spousal support is appropriate given the circumstances after assessing various factors. These factors include how long the spouses were married, the earning capacity, and the financial need of the receiving spouse.

If you wish to avoid paying spousal support altogether or want to ensure you’re not paying more or for a longer period than necessary, be sure to consult with a qualified and experienced family law attorney. Divorce can often be a complicated area of the law, and spousal support, in particular, is especially complex.

The first step in potentially avoiding paying spousal support is verifying whether or not the lesser-earning spouse, in fact, qualifies to receive alimony. Not every individual may qualify for spousal maintenance even if there is a gap in the spouses’ income. For example, if a spouse receives a large inheritance, this can be a sufficient reason for them to no longer qualify for alimony.

How to Avoid Paying Spousal Support in Arizona

One way to avoid paying spousal support is if you and your spouse plan ahead in the event of divorce through a marital agreement. A prenuptial or postnuptial agreement is a legally enforceable document that outlines how any future divorce proceedings are to be handled. This can include the spouses agreeing to waive their right to spousal maintenance.

If you end up paying alimony, it’s important to remain aware of when your support arrangement should realistically end because your ex-spouse becomes self-sufficient or the initial pay period has passed. The receiving spouse may also forfeit their right to continued maintenance payments if they remarry or cohabitate with a romantic partner who’s capable of helping support them financially.

If the spouse receiving support makes no effort to acquire employment or career training, the paying spouse can petition the court for the alimony obligation to end. Alimony can also be avoided during divorce negotiations if the spouses agree to a lump sum payment in place of regular support installments. Working with a skilled family lawyer as soon as possible can effectively help you reach your goal of avoiding paying spousal support.

FAQs

Q: Is Spousal Support Mandatory in Arizona?

A: No, spousal support is not mandatory in Arizona. Spousal support must first be requested by one of the spouses and is only awarded if the court finds alimony to be appropriate given the circumstances. The judge considers numerous factors when determining whether a spouse qualifies for support, including how long the individuals were married, the requesting spouse’s ability to self-support or become self-sufficient, and more.

Q: Do I Qualify for Spousal Maintenance in Arizona?

A: To find out whether you or your spouse may qualify for spousal support, consult with a qualified divorce lawyer. Your attorney can go over the details of your case to determine whether the court is likely to award spousal support or not. Typically, alimony is only awarded if a spouse lacks enough property during asset division to sufficiently support themselves.

Q: How Do You Avoid Paying Alimony in Arizona?

A: If you want to avoid paying alimony, the most effective approach is to consult with a qualified divorce attorney. By working with a knowledgeable family lawyer, you can receive insightful counsel and representation during the divorce proceedings.

Your attorney can negotiate on your behalf, ensure you’re not being taken advantage of, and guide you throughout the legal process. One way to avoid paying spousal support is if you have a marital agreement that specifies the right to alimony was waived.

Q: What Are the Different Types of Spousal Support in Arizona?

A: The types of spousal support include temporary, short-term, long-term, and compensatory. Temporary spousal support is given during divorce proceedings to assist the lesser-earning spouse with legal fees. Short-term alimony begins after divorce and lasts for a specified amount of time.

Permanent or long-term support is usually only awarded when one spouse is of advanced age, disabled, or otherwise unable to self-support. Compensatory alimony is for spouses who made life sacrifices to support their partner during the marriage.

Skilled Family Law Attorneys for Alimony Assistance

Family law issues are already emotionally tolling. Make things easier for yourself by working with a competent, seasoned divorce lawyer. The professional legal team at Lazenby Law Firm has successfully assisted numerous clients with their concerns about spousal support. Reach out to us today to schedule an initial consultation.