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How is Spousal Support Determined? What if My Partner Makes More Money Than Me?

What is Spousal Support?

Spousal support, also known as alimony or maintenance, is the financial support one spouse pays the other after a divorce.

It is intended to help the receiving spouse maintain their standard of living during and after the divorce.

Spousal support may sometimes be awarded in a lump sum or periodic payments.

Spousal support can be modified or terminated when circumstances change; for example, if either party remarries or in cases of extreme hardship.

 

 

How Judges Decide Alimony Amounts in Arizona

In Arizona, judges determine alimony amounts on a case-by-case basis.

Factors that will be considered include the duration of the marriage, the age and health of each spouse, the standard of living established during the marriage, whether one spouse sacrificed career opportunities for the benefit of the other, and any other relevant factors.

Judges must also consider spouses’ income and potential earning capacity when determining alimony amounts. In some cases, judges may consider additional items such as family assets, debts, or property division agreements.

Ultimately, judges will strive to create an equitable arrangement that provides financial security for both parties after the dissolution of their

If My Spouse Makes More Money than Me, Can I Get Alimony?

In Arizona, a spouse can receive alimony if their spouse makes more money than them.

Alimony is a court-ordered payment made by one spouse to the other to help the receiving spouse maintain their standard of living during and after a divorce. The court determines the amount and duration of alimony payments based on several factors, such as earning capacity and financial need.

Additionally, Arizona courts may consider any existing prenuptial or postnuptial agreements when determining alimony. Ultimately, courts will consider all relevant facts when determining whether to award alimony and how much should be paid.

 

 

 

What is the Formula for Calculating Spousal Support?

The formula for calculating spousal support in Arizona is based on several factors, including the length of the marriage, each spouse’s income, and their respective financial obligations.

Generally speaking, the longer the marriage lasts, the higher the spousal support amount may be.

When calculating spousal support, the court will also consider other factors, such as each partner’s education level, age, health condition, and earning capacity. Depending on the situation, either party may be ordered to pay support or agree to an arrangement that works best for them.

Ultimately, it is up to a judge to determine how much support will be paid and for how long.

 

 

 

Top 5 Most Frequently Asked Questions About Spousal Support

 

How long does spousal support last in Arizona?

The length of spousal support in Arizona is determined by several factors, including the length of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage.

In most cases, spousal support is ordered for a specific period of time, after which it will end.

 

Can spousal support be modified in Arizona?

Yes, spousal support can be modified if circumstances change, such as a change in income or job status, or if the recipient spouse gets remarried.

 

 

Can spousal support be terminated in Arizona?

Yes, spousal support in Arizona can be terminated if the recipient spouse remarries or if there is a significant change in circumstances, such as a change in income or job status.

 

 

What happens if a spouse fails to pay spousal support in Arizona?

If a spouse fails to pay spousal support in Arizona, the recipient spouse can ask the court to enforce the support order. This may include wage garnishment, property liens, or other enforcement actions.

 

 

Is spousal support tax-deductible in Arizona?

Under federal tax law, the person paying spousal support can deduct the payments from their taxable income, while the recipient must report the payments as taxable income.

 

Stephanie Villalobos, LP

A step that can be taken if you seek more information about spousal support is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make significant decisions concerning alimony.

Call us today at 480-725-2200 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

How To Get a Divorce When Your Spouse is in the Military?

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Navigating Military Life: How to Go About Getting a Divorce

Learn how having a partner in the military can impact divorce. Choose from any of the topics below.

  • How to Get a Divorce When Your Spouse is in the Military in Arizona
  • How is Military Divorce Different from Citizen Divorce?
  • Advantages of Annulment and Legal Separation for Military Couples
  • Frequently Asked Questions About Divorce in a Military Family
  • Speak With a Legal Paraprofessional About Military Divorce

Getting a divorce is never easy, but the process can be even more complicated when your spouse is in the military.

A Military divorce case has its own set of unique rules and challenges, and it is vital to understand them to navigate the process.

In this article, we will explore how to get a divorce when your spouse is in the military in Arizona and answer some frequently asked questions about military divorce.

 How to Get a Divorce When Your Spouse is in the Military in Arizona

  1. Understand the Service Member’s Civil Relief Act (SCRA)
  2. The Service Member’s Civil Relief Act (SCRA) is a federal law that protects military service members in civil legal proceedings. One of the protections is a stay of proceedings for up to 90 days for service members on active duty. This means that your divorce proceedings may be delayed if your spouse is on active duty.
  3. File for divorce in the proper jurisdiction
  4. When your spouse is in the military, filing for divorce in the proper jurisdiction is essential. In Arizona, if your spouse is a resident of the state or stationed in the state, you can file for divorce in Arizona. If your spouse is not a resident or stationed in the state, you may need to file for divorce in the state where they are stationed or where they reside.
  5. Consider contacting a paralegal professional to advise you through the divorce process.

How Is a Military Divorce Different from Citizen Divorce?

A divorce in a military family is different from a civilian divorce in a few key ways:

  • Jurisdiction: Military members and their families are often located in different states and countries due to their service, which can complicate the process of filing for divorce. In a civilian divorce, both parties must typically be residents of the state where they file, but military members can file for divorce in the state where they are stationed or reside.
  • The Service Member’s Civil Relief Act (SCRA): The SCRA provides specific protections for military service members in civil legal proceedings, including a stay of proceedings for up to 90 days for service members on active duty. This can delay the divorce proceedings and may require special arrangements to serve the divorce papers.
  • Division of Military Pension: Military pensions are considered marital property and are subject to division in a divorce; however, the division process can be complex, and it is essential to work with an attorney who has experience in this area to ensure that your share of the pension is calculated correctly.
  • Child support and custody: The nature of military service can make child custody and support arrangements more complicated, mainly if one parent is deployed or stationed in a different location. The military provides support for military families going through a divorce, including legal assistance and counseling services.
  • Health care and other benefits: Divorce can affect a military member’s eligibility for certain benefits, such as health care and housing allowances. It’s important for military personnel to understand how divorce may impact these benefits and to plan accordingly.

Advantages of Annulment and Legal Separation for Military Couples

There may be advantages for a military couple to consider annulment or legal separation rather than divorce in certain situations. Some of the advantages may include the following:

  • Preservation of Benefits: In some cases, annulment or legal separation may allow a military member to retain certain benefits, such as health care and housing allowances, that would be lost in a divorce.
  • Avoiding a “Fault” Divorce: Annulment or legal separation may be a way for a military couple to end their marriage without having to prove fault, which can be complicated and emotionally difficult in a military divorce.
  • Religious reasons: Some religious beliefs prohibit divorce; in such cases, an annulment or legal separation may be more acceptable as they allow the couple to end the marriage without going against their religious beliefs.
  • Keeping a lower profile: Annulment or legal separation may not be as public as a divorce and may be a way for military couples to avoid the publicity and scrutiny that can come with a divorce.
  • Maintaining insurance coverage: In some cases, annulment or legal separation may allow a military member to maintain insurance coverage for a spouse and children, which may be lost in a divorce.

It’s important to note that annulment and legal separation may not be possible or appropriate in every case, and each option’s advantages and disadvantages should be considered case-by-case basis.

Frequently Asked Questions About Divorce in a Military Family

Does a Military Spouse Keep Benefits After Divorce?

In Arizona, the answer to whether a spouse will keep military benefits after divorce depends on several factors. Generally, if the service member and the spouse were married for at least 10 years while the service member was actively serving in the military, then the spouse may be entitled to some of those benefits. The number of benefits that may be received will depend on how long they were married and what type of benefit it is.

For example, if it is healthcare coverage or access to base housing, then there may be continued eligibility after divorce. However, if it is a retirement pension or death benefits, then those are not likely to continue for the ex-spouse.

Will a Divorce Affect a Military Pension?

A divorce can have a significant effect on a military pension. Depending on the type of pension, it can be divided between spouses as part of the divorce settlement. In this case, one spouse may receive a portion of the other’s pension, or both parties may receive equal portions.

Suppose the couple was married for 10 years or more, and at least one of them had served in active duty for at least 20 years. In that case, the former spouse is eligible to receive a portion of the other’s retirement pay under the Uniformed Services Former Spouses’ Protection Act (USFSPA). Even if these conditions are not met, state laws may provide for the division of pensions in cases where there was an extended marriage.

Can I Get a Divorce While My Spouse is Deployed?

Yes, you can get a divorce while your spouse is deployed. However, the Service Member’s Civil Relief Act (SCRA) provides a stay of proceedings for up to 90 days for service members on active duty, which may delay the divorce proceedings.

Can I Get Alimony If My Spouse is in the Military?

Yes, you can receive alimony if your spouse is in the military. Alimony is determined on a case-by-case basis, considering factors such as the length of the marriage, the income of each spouse, and the standard of living during the marriage.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing challenges regarding divorce is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning divorce or legal seperation.

Call us today at (480) 660-4414 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.