Spousal maintenance, formerly known as alimony, is the financial support provided by a former spouse. In Arizona, the standard the courts consider is “self-sufficiency.” The maintenance or financial support is paid based on a variety of variables including the length of the marriage, current earnings, contribution of each spouse, standard of living, and whether there are small children who need more care.
Because there are so many variables and factors that play a role in determining spousal maintenance, as well as the costs associated with it. For example, in 2012 you divorced your wife of ten years and have been paying her $1,000 a month. Now, over a decade later, she is doing very well in her job and has a steady flow of income along with her own home. You could have the original agreement reviewed and see if it could be modified.
Spousal Maintenance Duration Factors
Modification of a divorce agreement is very common. However, what’s often overlooked are the factors that helped influence the original decisions. This can be anything including income or financial needs at the time. If things have changed, you may want changes made to that agreement. Some factors to consider are as follows:
- Length of the marriage: If you were married for 15 years or longer the support payments may be more substantial. This will have one of the biggest impacts on the agreement and is a factor in every state, not just Arizona.
- Quality of living: If you had a comfortable lifestyle when you were married, the court will expect you to help your former partner maintain that type of lifestyle. That means the money will be influenced also by how much you had and spent while married, not just what you are making now.
- Age and health: What is the current age and health status of your spouse? If they are younger and healthy, able to work and have their own family, it’s easier to expect changes to be made.
- Income: Current income will also have a major impact on this decision. If the former partner is making solid income now and they were not at the time of the separation, it could be grounds for major changes to the maintenance agreement.
- Financial needs and resources: With inflation and increased cost-of-living, it’s easy to see why some spouses are asking for more money.
Every situation is different. One person may be receiving money and want more. Another person may be paying for spousal maintenance and want to pay less or stop paying at all. You can make changes but it starts with working with a lawyer.
How To Make Changes
A family lawyer can help you with making changes to your original divorce agreement. These modifications will allow you to request changes to any aspect of the original agreement and submit the former request to the court. The former spouse must also be notified about the changes and have the opportunity to state their case.
If they do not agree with the changes and wish for the matter to go to court, it could make things take a bit longer. However, this process will still go faster if you are working with a lawyer throughout. Their guidance will help you be prepared not only for what to expect but how to also manage the situation on your end.
Attorney Tips For Spousal Maintenance
Family lawyers who manage spousal maintenance modifications and other areas of divorce will offer you free consultations where you can tell them your side of the situation and ask any questions you wish. This is a great opportunity to get the information you need and know how to move forward. Some of the advice they can offer you includes:
- Always work with an attorney: Never handle legal matters on your own, especially with a former spouse. These agreements may seem simple but anything you overlook can become a major disadvantage for you down the road. Work with an attorney as quickly as possible so that you know you are taking the right steps to getting what you want.
- Be careful about communication: If you have to communicate with your former spouse because of children or something else, try to keep this topic to a minimum as long as you can, especially if they disagree with you on the changes. Allow your attorney to handle communication when possible.
- Gather the right information: You need to show why you want these changes made. Make sure you have information that backs your side.
- Keep track of your money: What have you spent or received? Has it gone up or down, are you missing payments? Have a record of every dime because the courts will look at that as well.
- Do not vent to your kids: If you do have kids with your former partner do not vent to them and also be careful what you say in front of them. This should not concern them at all.