Family Law

questions & answers

Question: If I get a divorce in Arizona and sale our house wouldn't the equity that we split be enough to not have to pay alimony or will the Judge still award a maintenance amount of money to wife. Thanks.

Answer: Spousal maintenance is determined based on individual facts and circumstances in each case.  The judge looks at the length of the marriage, the relative earning power of each of the parties as well as the education of each.  Lifetime spousal maintenance is seldom awarded unless it is a long term marriage where one spouse has a very limited earning capacity.  Arizona Revised Statutes, Section 25-319 lists the factors the court considers in awarding spousal maintenance.  The statute lists factors like:  1.  The spouse lacks sufficient property to provide for his or her reasonable needs; 2.  the spouse is unable to be self sufficient through suitable employment or the spouse is the caretaker for small children; 3.  The spouse contributed to the education of the other spouse; and 4. the marriage was of a long duration and the spouse is now of an age that may preclude the possibility of suitable employment.   The statute also contains the factors that determine the amount of maintenance awarded.