When one party in a divorce is a high earner, they often fear spousal support.
Many wonder if they will have to pay spousal support for life; particularly
for long-term marriages. In fact, it’s often the very first question
anyone interested in obtaining a divorce will ask.
While there are situations when spousal support for life is appropriate,
there is Judicial discretion involved and the specific facts pertaining
to each divorce case weigh heavily when the judge is making this type
Factors Taken into Consideration for Spousal Support Include:
Issues of spousal support or spousal maintenance can be very complex,
please get in touch with the experienced Arizona divorce attorneys at
Arizona Family Law Attorneys so we can discuss the specifics of your case
with you and help you figure out how best to proceed.
- Does your spouse have enough money, either through employment or division
of marital assets to support him/herself?
- Whether you are self-employed when going through a divorce or a W2 employee,
your income will be compared to that of your spouse as a determining factor
regarding spousal support.
- If one of you has been a homemaker or stay at home parent, and has failed
to make reasonable efforts to provide for your own support after a reasonable
time has passed since the divorce, the other party may request a spousal
- If your ex refuses to work, but they have the ability and opportunity to
make a living, you may need to request a vocational evaluation. This may
also be necessary in cases where your ex is underemployed.
- Income reduction could be appropriate grounds to request a reduction in
- In some instances, your ex may be capable of supporting himself or herself,
but they were awarded spousal support due to the marital standard of living.
The further away from the date of the divorce, the less important this
standard becomes in the considerations for spousal support/maintenance.
This is a complex issue of spousal support law and you may need to discuss
it in further detail with an Arizona family law attorney.
- If your ex is dating or is in a relationship you can’t simply assume
that your obligation to pay spousal support will automatically terminate.
In situations where the new partner is reducing your ex’s need for
spousal support because they contribute financially, there could be grounds
for seeking a reduction or even an elimination of the spousal support
originally allocated by the court.