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Alimony (Spousal Maintenance)

Scottsdale Alimony Attorney

A divorce is one of the most emotional and stressful events in an individual’s life. The divorce forever alters the status quo of the spouses and their children and creates a new and uncertain future. One of the most important issues in a divorce is alimony, or spousal maintenance. In Arizona, alimony is based solely on the petitioning party’s ability to demonstrate financial need. Attorney W. Tattnall Rush provides personalized, effective and extremely thorough legal counsel and representation in all matters pertaining to divorce, including alimony. Attorney Rush is available for a complimentary consultation to discuss your case.

Spousal Maintenance Requirements in Arizona

Spousal maintenance may be granted to either spouse if any one of reasons set forth in A.R.S. 25-319, stated below, are met:

  1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse’s reasonable needs.
  2. If the spouse is unable to be self-sufficient through appropriate employment or 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, or lacks earning ability in the labor market adequate to be self-sufficient.
  3. Contributed to the educational opportunities of the other spouse.
  4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient.

While these criteria describe the basic requirements necessary for spousal maintenance, it is essential to understand that the petitioner’s case must be properly and thoroughly researched, prepared and presented in order for it to be effective. Attorney Rush is an extremely detail-oriented, focused and experienced trial attorney who has the necessary skills to present your case in the most favorable and effective manner possible.

Computation Factors – Determination of Amount and Duration

In addition to the four points above, there are 13 additional factors that the Court will consider when determining both the amount and the duration of the spousal maintenance award. Again, it is important to note that the circumstances that caused the divorce – marital misconduct – are not relevant when determining alimony.

A few of the factors that are considered include the standard of living established during the marriage, the duration of the marriage, the overall condition of the party seeking maintenance, the comparative financial resources of both parties, and more.

W. Tattnall Rush Attorney At Law PLLC

Attorney W. Tattnall Rush provides passionate, zealous representation in all divorce and family law matters, and limits his practice specifically to these areas. As a former prosecutor and father of two, he is intimately aware of the pain and confusion that occurs during divorce proceedings and it is his desire to help families as they proceed during this difficult time in their lives. Attorney Rush represents clients in Scottsdale, Phoenix, Paradise Valley, Fountain Hills, Mesa, Apache Junction, Tempe, Gilbert and Chandler, AZ. To schedule your complimentary case review, contact Attorney W. Tattnall Rush at 480-207-2105.