When does spousal maintenance terminate?
Spousal support ordinarily terminates when the recipient remarries or dies. But other termination dates are also possible. Support may terminate on a specified date, as when scheduled to continue for a definite period. Support may also terminate with the recipient’s cohabitation with a partner. The court may require that a life insurance policy guarantee that [...]
What is spousal maintenance?
Spousal maintenance, also referred to as spousal support or alimony, is court-ordered support paid by one spouse (the obligor) to the other spouse or former spouse (the obligee) in the divorce or legal separation.
Who Can Get Spousal Maintenance?
Arizona is a “no fault” divorce state. This means the court cannot consider marital misconduct when deciding whether to award, or not to award, spousal maintenance. Whatever fault there may have been — infidelity, alcoholism, gambling, drug problems, and the like — it is not a factor in awarding such support. Which spouse initiated the [...]
The History of Spousal Maintenance and Alimony
Historically, marriages were entered into with the understanding and agreement that only death could terminate the bond. This was taken very seriously by society as a whole, and by the courts enforcing the laws of the day. Because of the permanence of the marriage covenant, a divorce was only possible when there was evidence of [...]
How do I get custody of my child and support while the divorce is ongoing?
You can file a motion with the court seeking temporary orders that provide for the custody and support of a child before any trial is even scheduled. Temporary orders may address parenting time, child support, spousal maintenance, access to personal items, and many other aspects of a family law case. This interim relief is not [...]
Are there any tax considerations with spousal maintenance?
Yes, there are. With spousal maintenance, the income tax obligation shifts from the obligor-payer to the obligee-recipient of the money. The obligor may deduct the money paid for spousal maintenance, or alimony, from his or her gross income. The spouse or former spouse receiving the support must include it as income on his or her [...]
