questions & answers

Question: My husband and I have been married 30 years. In the divorce papers he filed I am to receive nothing. I want to fight for spousal maintenance. I only work part time and have for 20 years. I have osteo arthritis in my knees and it is difficult to for me to get around. What are my rights? Also, all the stress he has put me under made me have a minor heart attack a few months ago. What about medical. I know when the divorce is final it ends. I can't get it through my job. It's too expensive. What are my rights?

Answer:

AZLawHelp Question 22070. In the case of divorce, the court may order either spouse to help financially support the other, during the term of the case and after the divorce is granted. A.R.S. 25-319 discusses the computational facors for determining spousal maintenance. The court may grant an maintenance order if the court finds the spouse who asks for support: 1. Lacks sufficient property to provide for their reasonable needs. 2. Is unable to get an appropriate job, cares for a young or disabled child, or lacks the skill necessary to find employment. 3. Contributed to the educational goals of the other spouse. 4. Had a long marriage and is of the age where it is harder to attain employment adequate to be self-sufficient. A.R.S. 25-319. A request for spousal maintenance should be included in the response for divorce, if the Respondent is asking for maintenance. After the legal case is started, a spouse also may ask the court for a temporary order for maintenance. The court will prevent a spouse from terminating health insurance until the conclusion of the divorce. The court will prevent the removal of the other spouse from any existing insurance coverage, including medical, hospital, and dental, automobile and disability insurance. For more information on Divorce refer to: http://azlawhelp.org/documents/SelfServiceDivorceGuide.pdf

Forms to Reply to Divorce Maricopa County Superior Court; Pima County Superior Court.