Spousal Maintenance
As a family law practice handling divorces in Tucson and throughout Southern Arizona, the Law Office of Dina Afek, P.C. frequently deals with the issue of whether spousal maintenance will be awarded in a particular case, including the amount and duration of any such award.
Spousal maintenance, also known in other places as spousal support or alimony, is not awarded in every instance, but is often ordered to be paid where one spouse was the primary wage earner and the other spouse may need financial assistance on a temporary basis to acquire the job skills or education necessary to gain employment at a level that is self-supporting. Spousal maintenance may be ordered to be paid to either the husband or wife, depending upon which spouse was the primary wage earner during marriage.
When is Maintenance Awarded?
The law allows the court to award spousal maintenance when if finds that the receiving spouse:
- Lacks sufficient property for needs to provide for his or her own needs
- Is unable to be self-sufficient through employment
- Cannot work and also care for the children at the same time
- Contributed to the other spouse's education
- Had a marriage of a long duration and is beyond the age where obtaining adequate employment is unlikely
Amount and Duration of Award
A spousal maintenance award can be established for a definite amount of time, or it may be awarded indefinitely, except that an award terminates if either spouse dies or if the receiving spouse remarries. The amount and duration of any spousal maintenance award is determined by the court based on the evidence and arguments presented to it by the parties' attorneys.
When determining the amount and duration of maintenance, the court looks at several factors, including:
- Standard of living during the marriage
- Duration of the marriage
- Earning capacity and financial resources of the receiving spouse
- Financial ability of paying spouse
- And many other factors
Modification and Enforcement
In general, a maintenance order is modifiable only on a showing of changed circumstances that would justify a modification, such as a significant change in either party's income or necessary expenses. However, the divorce decree or maintenance order may state that maintenance is not modifiable, if the parties agree to make it non-modifiable at the time the order is made.
If court-ordered maintenance is not being paid, it may be necessary to seek enforcement through civil contempt or criminal proceedings. Willful violation of a court order without a lawful excuse is a misdemeanor. Other measures may be taken to ensure that maintenance is paid as well. For instance, the payor's state income tax refund can be intercepted for collection purposes.
Seek Experienced Legal Representation
As mentioned earlier, spousal maintenance is not awarded in every case. Whether the court awards maintenance, the amount and duration, are all dependent upon the evidence and arguments presented to the judge by the attorneys representing the spouses in the divorce. Seek qualified, experienced legal representation to make sure your interests are met regarding spousal maintenance and the other contested issues in your divorce. In Tucson and Southern Arizona, contact the Law Office of Dina Afek, P.C.
