Am I Eligible For Spousal Support/Alimony?

Divorce is a time of great uncertainty. Beyond the significant emotional drain, you may wonder how you are going to support yourself now that your financial outlook has changed radically. Are you eligible for spousal support payments? And if so, how much? What are the guidelines?

In Arizona, spousal support can vary a great deal when decided by a judge, so it is best to be prepared for multiple outcomes. Steven C. Weinstein, Attorney at Law, has decades of experience in these cases and can advocate forcefully on your behalf. We have hundreds of satisfied clients in Tucson and the surrounding areas.

Settlement Vs. Court

Judges have a wide latitude when it comes to spousal support, commonly known as alimony. An old adage is that no two judges will come to the same decision on the same set of facts. Given that uncertainty, it is beneficial to consider whether you and your spouse can come to an agreement outside of the courtroom on what spousal support would entail. This is a perfectly valid legal option, and you should undertake it with a lawyer at your side. The benefits of settling outside of court are many, including diminished cost, time and emotional upheaval.

However, settling outside of court is not a viable strategy for some couples. In cases like these, we will defend your interests vigorously and present the facts to the judge in the best possible light. Our goal is to achieve the best outcome for you that we possibly can.

Factors In Court-Ordered Spousal Support

Arizona has a long list of factors for judges to consider when awarding spousal support. To determine eligibility, they will often ask:

  • Does one spouse lack the property and assets to provide for their needs?
  • Is that spouse unable to be self-supporting through employment?

If the answer to one of those questions is "yes," the court will then undertake a complex analysis of the overall financial situation. They will examine the finances of both parties, take into account the length of the marriage, assess any needed job training, the length of time for that training and a host of other factors.

Infidelity Is Not Considered

Even if your spouse's infidelity or another misbehavior led to the end of your marriage, a judge will not consider these factors in the spousal support proceedings. Arizona uses the "no-fault" divorce model, so noncriminal marital indiscretions — even serious ones — will be left outside the courtroom.

Get Help During A Difficult Time

For all of our clients, our goal is to ease your mind and relieve your burden of anxiety. If you have more questions about your situation, please contact us. You can do so online, or by phone: 520-623-3696.

Our office is located conveniently in Tucson, but we help clients throughout Arizona.