Spousal Maintenance Attorney in Phoenix

Let's Discuss Your Case - We're Here For You.

When dealing with a family matter issue, you do not have to go at it alone. Give us a call and we can discuss the entire case during a comprehensive attorney consultation.

Let's Discuss Your Case - We're Here For You.

When dealing with a family matter issue, you do not have to go at it alone. Schedule your comprehensive attorney consultation now and we can discuss the entire case.

The financial impact of a divorce can be among the most hotly contested of issues both during and after the dissolution of a marriage. This is especially true when one of the spouses is seeking spousal support (also sometimes called alimony and spousal maintenance).

Each spousal support situation can have different results depending on the evidence presented, the skill of the attorney, and the viewpoint of each individual judge regarding the purpose of spousal maintenance. That is why it is important to work with a divorce lawyer who is an experienced advocate.

Arizona Spousal Maintenance Law

On July 3, 2023, Chief Justice Robert Brutinel issued Administrative Order 2023-119, which approved and adopted a set of Spousal Maintenance Guidelines, and which provided for the use of a new Spousal Maintenance Calculator.

Why were the spousal maintenance guidelines created?

The Spousal Maintenance Guidelines (and the new Spousal Maintenance Calculator) apply to Dissolution of Marriage and Legal Separation cases (including post-decree matters) in Arizona in which the original Petition was filed on or after September 24, 2022. If your case began prior to September 24, 2022, these guidelines will not apply unless you and your spouse agree otherwise.

It is notable that even though these guidelines are what the Court will follow, if you and your spouse would like to agree to do something else and not follow the guidelines, you are welcome to do so.

It is also worth noting that if you are already divorced or separated, the creation of these new guidelines does not create a change in circumstances that would warrant a modification of spousal maintenance.

How were the Arizona spousal maintenance guidelines created?

The Spousal Maintenance Calculator uses data from the United States Bureau of Labor Statistics Consumer Expenditure Survey. The Spousal Maintenance Calculator is based on expenditure and income data for persons with similar demographic and geographic characteristics.

Will I be eligible for spousal maintenance in Arizona?

Under Arizona Law, there is a difference between “eligibility” for spousal maintenance and “entitlement” to spousal maintenance. A spouse may be eligible but not entitled to spousal maintenance in certain circumstances.

Eligibility means that a party meets at least one of the factors under A.R.S. 25-319(A). In other words, the spousal maintenance guidelines will apply only if the spouse seeking maintenance:

  1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse’s reasonable needs;
  2. Lacks earning ability in the labor market that is adequate to be self-sufficient;
  3. Is the parent of a child whose age or condition is such that the parent should not be required to seek employment outside the home;
  4. Has made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse or has significantly reduced that spouse’s income or career opportunities for the benefit of the other spouse; or
  5. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient.

If a court determines that the requesting spouse is not eligible for spousal maintenance, there is no requirement to even use the Spousal Maintenance Calculator. If a court determines that a party is eligible for spousal maintenance, the court must proceed with the spousal maintenance calculation under the Guidelines to determine what the party is entitled to, if anything.

How does the new calculator work?

The following information is used in the Spousal Maintenance Calculator in order to determine the amount and duration of spousal maintenance:

  1. Duration of Marriage: This is calculated automatically by inputting the date of marriage and the date of service of process of the divorce or legal separation documents on the Respondent. This will help to consider the appropriate duration of spousal maintenance.
  2. Family Size: To determine family size, include the parties and any child for whom at least one of the parties has a legal obligation to support and for whom that party is actually paying support. (Unlike child support, if a parent does not actually pay child support and does not live with the child, that child is not included in the family size.)
  3. Combined Spousal Maintenance Income: This combines both parties’ actual income, or, if either party is not working but is capable of doing so, attributed income.

Actual income includes income from any source before any deductions or withholdings. Actual income may consist of salaries, wages, commissions, bonuses, dividends, etc. The Spousal Maintenance Guidelines provide more detailed information on what should be included in actual income.

Attributed income is not actually earned or received but is an assigned income based on a court finding that the amount attributed should be used to calculate combined Spousal Maintenance Income. There are various reasons that an attributed income would be used, and the Spousal Maintenance Guidelines explain this more in depth.

  1. Family’s Average Monthly Mortgage Principal: The mortgage principal for all residences the family uses should be included. The mortgage principal for investment properties should not be included. If the marital residence is rented, nothing needs to be added. The calculator already accounts for other housing components such as rent, interest, taxes, insurance, interest on a home equity line of credit, etc. This number is a monthly amount.

Rather than provide an exact amount and duration of spousal maintenance (like the current child support calculator does), the spousal maintenance calculator will provide judges and litigants with a range of amount and duration. If the judge finds that, for some reason, the amount range is unjust or inappropriate, the Court may deviate based on certain factors. However, the Court is not authorized to deviate from the duration range, unless one party is disabled or can show by clear and convincing evidence that there are extraordinary circumstances which would delay the receiving spouse from becoming self-sufficient.

Once an amount range is established, how does the Court determine the specific amount?

After considering the statutory factors and facts in a particular case, the court can award an amount within the amount range. If the court determines the amount range is unjust, the court can deviate from the amount range, including an award exceeding the amount range, or an award of zero.

Once a duration range is established, how does the Court determine the specific duration that will apply in each case?

For determining the specific duration of spousal maintenance, the court must consider the relevant statutory factors under A.R.S. 25-319(B), including, but not limited to:

  1. The standard of living established during the marriage;
  2. The marriage length;
  3. The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
  4. The ability of the spouse from whom maintenance is sought to meet that spouse’s needs while meeting those of the spouse seeking maintenance;
  5. The spouses’ comparative financial resources, including their comparative earning abilities in the labor market;
  6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse;
  7. How much the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the other spouse’s benefit;
  8. The financial resource of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet that spouse’s own need independently;
  9. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.

Overall, these guidelines should be very helpful in determining both the amount and duration of spousal maintenance awards. The way the system previously was left too much room for debate. With the new Spousal Maintenance Calculator, both judges and litigants should have more clarity when determining spousal maintenance awards. This will save litigants both time and money by reducing the number of contested spousal maintenance cases in family court.

Contact a Spousal Support Attorney

At Frank Amar Matura, our Phoenix spousal support lawyers have many years of experience helping clients through the most challenging aspects of divorce, including spousal maintenance (formerly known as alimony.) To learn how our law firm can help you, fill out our form or call 602-922-9989.

 

 

 

 

 

Client Reviews


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Family Law Client

I had a very legally and emotionally difficult case and was fortunate enough to have Mr. Frank’s legal assistance. Mr. Frank was extremely professional, reliable, and competent. He always kept me informed of my case, and he gave me great legal insights. His litigation expertise and easy disposition allowed me to be comfortable and less stressed considering the situation. Mr. Frank always treated me with respect and valued my input. I felt part of a collaborative effort rather than the usual attorney-client relationship. It was a pleasure working with Mr. Frank, and I would most definitely recommend him to my friends and family.

I would recommend your services to anyone!

I am very satisfied for all you have done for me throughout my divorce and custody cases. You listened to what was important to me and you made it your number-one priority. The safety of my children meant the world to me and you helped me keep them safe. You are excellent in the courtroom. Throughout all of my court cases and different issues with my ex-husband, you helped me stay calm and grounded. I believe in our justice system since I was lucky enough to have an amazing attorney. Mr Gary Frank, you were a godsend in many ways, and every time I look at my children and know they’re safe I thank God for finding such a great attorney. I would recommend your services to anyone! Thank you once again for all your hard work.

Francesca

I feel re-born!

“I can’t tell you how much I am now enjoying my life. It sounds crazy, but I feel re-born! Of course, I have my days, but they are fewer and fewer. I spend time with family and friends and for the first time in seven plus years, I feel alive and well. I will never be able to thank you enough for all your caring and encouragement throughout this extremely stressful and challenging time in my life. I could not have managed to get through it without your support.”

Noel

A Lawyer That Cares

I chose Hannah to represent me because I know she personally invest herself into each and every client. I could tell she really cared and was ready to fight for me. When I called to schedule for a consult, Hanna received the phone call, not some lawyer’s assistant or front desk person. She has gone above and beyond what was asked of her. She knows what she’s doing. Thank you so much Hanna!

Jonathan

Excellent Lawyer!!!

I was going through a family court case & did not have a lawyer. I needed help filling out paperwork & knowing what to do in court. Mr. Frank met with me on several occasions & helped with properly filling out all of my paperwork & informing me of the correct way to file it. He gave me his cell phone # & always returned my calls promptly.

DANA

Divorce Lawyer

Gary was recommended to me by a relative. I was in a long-term abusive marriage and had had enough and was ready to put an end to it. while being “ready” I was scared to death as I was someone with low self-esteem and so afraid of how my Ex would respond. Gary gave me the courage to stand up for myself and helped me work thru my insecurities so that I was able to testify in court and breath. He walked me through all the steps of what we were going to do so that I understood. he was always ready to answer any questions/concerns I had in a timely manner (and I had a lot). I have recommended Gary to several friends going thru a divorce and I will continue to do so. I can’t thank him enough for his help and what he has done for me.

Annette

When you need better than the best

It is all about passion. Whether you play baseball, run a bakery, or practice law, you will do it better if you have passion. Hanna has that passion. She helped guide me through my trying times during my divorce and custody case. Her impeccable professionalism, humanity, and understanding as well as being tough enough to get things done were beyond what I could ever hope for. I couldn’t ask for a better attorney than Hanna. She not only cared about me, she also cared about the well-being of my daughter. I would highly recommend her to anyone.

Susan

Angels

Gary and Hanna are the most amazing and compassionate attorneys in AZ. They go above and beyond and would highly recommend them to anyone! They work with you and actually care about the well being of your children vs. Money (unlike most others). I cannot thank them enough for what they have done for my own family. Angels.

Erin

Thanks From A Confident Dad

Gary, I see your LinkedIn posts every now and then and just wanted to send you a quick note.  Wow, the last 6 years have been a whirlwind.  I just want to thank you again for the support and guidance you provided to me 6 years ago.  It has made a monumental difference in my life. My son’s mother and I made the mutual decision to move (out of state) about a year and a half ago.  Ironically, we live in the same neighborhood now, we’ve got our parenting plan at about 50% time each, and we walk him to school.  We get along, and it honestly can’t be any better.  My son is now in 1st grade, and he has a brother who is a year and a half.  In the past 6 years, I’ve evolved from the scared, immature, insecure person who sat in your office to a confident father of two boys.  Your input and guidance had a lot to do with that, so, thank you.  I do miss Arizona – in due time, hopefully, I’ll be back.

Family Law Client

Successful Relocation Case

To say I am grateful would not be giving you guys enough credit. I am humbled to have found you and blessed beyond words.

Family Law Client

I Know In My Heart I Chose The Right Attorneys To Represent Me

I appreciate all of you and all that you have done on my behalf. Most of all, I appreciate all of your moral support and your faith in me and my intentions. I know in my heart that I chose the “Right Attorneys” to represent me. I am happy that I chose wisely and trusted my heart & my ‘gut instinct.’

Valerie

Very Honest

November 2009 I retained Mr. Frank for almost two years to represent me in a visitation modification filed by my ex-husband. Mr. Frank quickly and efficiently became familiar with my case and was very honest about all the potential results that could occur. I truly feel that Mr. Frank had my children’s best interests in mind…

Judy K