Tuesday, January 8, 2013

Spousal Maintenance

Unfortunately, there is no formula for calculating spousal maintenance. Spousal maintenance is determined on a case by case basis, taking into account a lot of factors that vary from marriage to marriage.

The relevant statute for spousal maintenance is A.R.S. 25-319. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00319.htm&Title=25&DocType=ARS You need to review this statute if you are considering seeking spousal maintenance.

Before you can start talking about how much spousal maintenance you should get, you have to figure out whether you are even entitled to it. A.R.S. 25-319(A) sets out four different ways in which you can become entitled to spousal maintenance. If you don't fall under one of the categories you don't even get to talk about amounts. If you do fall under one of the categories then you can move on to 25-319(B).

A.R.S. 25-319(B) is a long list of factors that are considered, discussed and analyzed in any spousal maintenance case. It is through discussing and analyzing these factors that an amount and time period for maintenance are reached. As I said, there is no formula. It's up to you to show what you need based on how you lived during the marriage.


And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.