Once the court finds the existence of one or more of the four statutory reasons for awarding alimony (spousal maintenance), the amount and duration of spousal support is left to the "sound discretion" of the court. This is a tough standard to overturn on appeal, which is why you need a knowledgeable attorney helping you from the beginning. The court must consider all relevant factors, including:
1. The standard of living established during the marriage.
2. The duration of the marriage.
3. The age, employment history, earning ability and the physical and emotional condition of the spouse seeking maintenance.
4. The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance.
5. The comparative financial resources of the spouses, 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. The extent to which the spouse seeking maintenance has reduced his or her income or career opportunities for the benefit of the other spouse.
8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.
9. The financial resources of the party seeking maintenance, including marital property apportioned to such party, and such party’s ability to meet his or her needs independently.
10. 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.
11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
12. The cost for the spouse seeking maintenance to obtain health insurance and the reduction in the cost of health insurance in the event the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.
13. Actual damages and judgments from conduct that resulted in a criminal conviction of either spouse in which the other spouse or a child was a victim.
The court maintains continuing jurisdiction over the issue of maintenance for the duration of the award. This means the court can modify the award if the court determines it is appropriate to do so; it also means the court can enforce the decree.
In a 1974 case the Court of Appeals stated: "While the length of the marriage is an important consideration, its importance stems from two underlying and related considerations: The contribution of the spouse to be supported and judicial resistance to awarding spousal maintenance to a 'gold-digger.'"
The court may consider a spouse’s misrepresentation as to income as well as the parties’ standard of living established during marriage in determining the amount of maintenance. The financial needs of a wife can be measured by the social position into which the marriage has placed her. But a wife is not entitled to be kept in a style to which she is accustomed if it is beyond the means of the parties. Nor is a spouse entitled to support above his or her usual standard of living.
Marital fault or misconduct can only be considered to the extent that there have been excessive or abnormal expenditures, destruction, concealment, or fraudulent disposition of marital property.
Nationally courts are divided on the validity of basing support payments on future salary increases. Arizona has indicated that such escalator clauses are improper.
Obviously, if you are facing divorce, spousal maintenance,
child support, or
child custody issues in the Phoenix metro area, you need an aggressive
Phoenix divorce lawyer fighting for you.
Contact us right away for a free consultation.