Spousal Support

Spousal support, sometimes called “spousal maintenance” or “alimony,” refers to support paid to a spouse during or after a divorce proceeding. If the parties agree to a spousal support amount, they can include that in a divorce decree. If they don’t agree, then the court must decide whether and how much to award. First the court must determine that a spouse is eligible to receive spousal support and must consider a series of qualifying factors under Arizona Revised Statutes section 25-319(A). Once the court determines a spouse qualifies for support, then it must determine how much support to award and for how long the award should be for. This also depends on a variety of statute factors which can be found at Arizona Revised Statutes section 25-319(B).

Spousal support may or may not be terminated or modified depending on the original court order or agreement awarding the original spousal support. Generally it is modifiable if there is a sufficient change in circumstances, but only if the agreement does not provide that the support payments are “non-modifiable.”  If you would like to change or end spousal support obligations, it is advisable to meet with an attorney to discuss your particular circumstances.

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