Spousal Maintenance Attorney in Phoenix
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When dealing with a family matter issue, you do not have to go at it alone. Give us a call and we can discuss the entire case during a comprehensive attorney consultation.
Let's Discuss Your Case - We're Here For You.
When dealing with a family matter issue, you do not have to go at it alone. Schedule your comprehensive attorney consultation now and we can discuss the entire case.
The financial impact of a divorce can be among the most hotly contested of issues both during and after the dissolution of a marriage. This is especially true when one of the spouses is seeking spousal support (also called alimony and spousal maintenance).
Spousal support is the grayest and one of the most complex areas of family law, and each situation can have different results depending on the evidence presented, the skill of the attorney, and the viewpoint of each individual judge regarding the purpose of spousal maintenance. That is why it is important to work with a divorce lawyer who is an experienced advocate.
Arizona Spousal Maintenance Law
Unlike child support, in which there is a set of guidelines that all of the judges use, there is no guideline for spousal support in Arizona. Instead, the court looks at each claim on a case-by-case basis, using the factors listed in the spousal maintenance statute as a tool to help determine a proper spousal support amount.
When Can a Spouse Request Alimony in Arizona?
Arizona Revised Statute §25-319(A) contains a list of factors to help the court determine whether the party requesting support is eligible to receive spousal maintenance. Those factors include:
- The length of the marriage;
- Whether the spouse seeking support lacks the earning ability in the labor market adequate to be self-sufficient;
- Whether the spouse has income or property sufficient to provide for her/his reasonable needs;
- Whether the spouse seeking support contributed to the educational opportunities of the other spouse;
- Whether the spouse asking for support is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home.
If the court deems that the spouse is eligible to receive spousal support under Section A, then it will look to the factors in Section B to determine the monthly amount, and the duration, of the spousal maintenance award.
Spousal Maintenance Factors (Section B)
A.R.S. §25-319(B) lists a number of factors for the court to consider when determining how much spousal support should be awarded and for how long. The factors are as follows:
- The standard of living established during the marriage
- The duration of the marriage
- The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance
- The ability of the spouse from whom maintenance is sought to meet his/her own needs while meeting those of the spouse seeking maintenance
- The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
- The contribution of the spouse seeking maintenance to the earning ability of the other spouse
- The extent to which the spouse seeking maintenance has reduced his/her own income or career opportunities for the benefit of the other spouse
- The ability of both parties after the divorce to contribute to the future educational costs of their mutual children
- The financial resources of the party seeking maintenance, including the marital property apportioned to him/her, and that spouse’s ability to meet his/her own needs independently
- 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
- Excessive or abnormal expenditures, destruction, concealment, or fraudulent disposition of community, joint tenancy, and other property held in common
- The cost for the spouse who is seeking maintenance to obtain health insurance; and the reduction in the cost of health insurance for the spouse from whom maintenance is sought
- All actual damages and judgments from contracts that result in criminal conviction or either spouse in which the other spouse or a child was a victim
- All other factors that a court may deem relevant
In all alimony cases, the marital standard of living is a major factor that the Court will consider. In determining whether a spouse can be self-sufficient, the judge will view that spouse’s “needs” in the context of the lifestyle that she/he enjoyed during the marriage.
Contact a Spousal Support Attorney
At the office of Gary J. Frank, P.C., our Phoenix alimony lawyers have many years of experience helping clients through the most challenging aspects of divorce, including spousal maintenance/alimony. To learn how our law firm can help you, fill out our form or call 602-383-3610.
Family Law Client
I had a very legally and emotionally difficult case and was fortunate enough to have Mr. Frank’s legal assistance. Mr. Frank was extremely professional, reliable, and competent. He always kept me informed of my case, and he gave me great legal insights. His litigation expertise and easy disposition allowed me to be comfortable and less stressed considering the situation. Mr. Frank always treated me with respect and valued my input. I felt part of a collaborative effort rather than the usual attorney-client relationship. It was a pleasure working with Mr. Frank, and I would most definitely recommend him to my friends and family.
I would recommend your services to anyone!
I am very satisfied for all you have done for me throughout my divorce and custody cases. You listened to what was important to me and you made it your number-one priority. The safety of my children meant the world to me and you helped me keep them safe. You are excellent in the courtroom. Throughout all of my court cases and different issues with my ex-husband, you helped me stay calm and grounded. I believe in our justice system since I was lucky enough to have an amazing attorney. Mr Gary Frank, you were a godsend in many ways, and every time I look at my children and know they’re safe I thank God for finding such a great attorney. I would recommend your services to anyone! Thank you once again for all your hard work.
I feel re-born!
“I can’t tell you how much I am now enjoying my life. It sounds crazy, but I feel re-born! Of course, I have my days, but they are fewer and fewer. I spend time with family and friends and for the first time in seven plus years, I feel alive and well. I will never be able to thank you enough for all your caring and encouragement throughout this extremely stressful and challenging time in my life. I could not have managed to get through it without your support.”
A Lawyer That Cares
I chose Hannah to represent me because I know she personally invest herself into each and every client. I could tell she really cared and was ready to fight for me. When I called to schedule for a consult, Hanna received the phone call, not some lawyer’s assistant or front desk person. She has gone above and beyond what was asked of her. She knows what she’s doing. Thank you so much Hanna!
I was going through a family court case & did not have a lawyer. I needed help filling out paperwork & knowing what to do in court. Mr. Frank met with me on several occasions & helped with properly filling out all of my paperwork & informing me of the correct way to file it. He gave me his cell phone # & always returned my calls promptly.
Gary was recommended to me by a relative. I was in a long-term abusive marriage and had had enough and was ready to put an end to it. while being “ready” I was scared to death as I was someone with low self-esteem and so afraid of how my Ex would respond. Gary gave me the courage to stand up for myself and helped me work thru my insecurities so that I was able to testify in court and breath. He walked me through all the steps of what we were going to do so that I understood. he was always ready to answer any questions/concerns I had in a timely manner (and I had a lot). I have recommended Gary to several friends going thru a divorce and I will continue to do so. I can’t thank him enough for his help and what he has done for me.
When you need better than the best
It is all about passion. Whether you play baseball, run a bakery, or practice law, you will do it better if you have passion. Hanna has that passion. She helped guide me through my trying times during my divorce and custody case. Her impeccable professionalism, humanity, and understanding as well as being tough enough to get things done were beyond what I could ever hope for. I couldn’t ask for a better attorney than Hanna. She not only cared about me, she also cared about the well-being of my daughter. I would highly recommend her to anyone.
Gary and Hanna are the most amazing and compassionate attorneys in AZ. They go above and beyond and would highly recommend them to anyone! They work with you and actually care about the well being of your children vs. Money (unlike most others). I cannot thank them enough for what they have done for my own family. Angels.
Thanks From A Confident Dad
Gary, I see your LinkedIn posts every now and then and just wanted to send you a quick note. Wow, the last 6 years have been a whirlwind. I just want to thank you again for the support and guidance you provided to me 6 years ago. It has made a monumental difference in my life. My son’s mother and I made the mutual decision to move (out of state) about a year and a half ago. Ironically, we live in the same neighborhood now, we’ve got our parenting plan at about 50% time each, and we walk him to school. We get along, and it honestly can’t be any better. My son is now in 1st grade, and he has a brother who is a year and a half. In the past 6 years, I’ve evolved from the scared, immature, insecure person who sat in your office to a confident father of two boys. Your input and guidance had a lot to do with that, so, thank you. I do miss Arizona – in due time, hopefully, I’ll be back.
Family Law Client
Successful Relocation Case
To say I am grateful would not be giving you guys enough credit. I am humbled to have found you and blessed beyond words.
Family Law Client
I Know In My Heart I Chose The Right Attorneys To Represent Me
I appreciate all of you and all that you have done on my behalf. Most of all, I appreciate all of your moral support and your faith in me and my intentions. I know in my heart that I chose the “Right Attorneys” to represent me. I am happy that I chose wisely and trusted my heart & my ‘gut instinct.’
November 2009 I retained Mr. Frank for almost two years to represent me in a visitation modification filed by my ex-husband. Mr. Frank quickly and efficiently became familiar with my case and was very honest about all the potential results that could occur. I truly feel that Mr. Frank had my children’s best interests in mind…