Arizona is one of the states that allows for spousal maintenance, also known as alimony in other jurisdictions. The divorce attorneys at BTL Family Law understand how complicated and confusing divorce laws can be, and we want to make sure you have all the information you need to understand the laws in this state.
Who qualifies for alimony in Arizona?
A spouse seeking maintenance in Arizona must prove one of four things to be eligible to receive an award of alimony in Arizona. Specifically, the spouse must prove any of the following: The spouse lacks sufficient property to provide for his or her needs.
How long do you have to pay spousal support in Arizona?
In terms of spousal maintenance duration, most court orders require alimony payments to last 30 to 50 percent of the marriage duration. A year-long marriage, for example, may result in spousal support lasting four months or so.
How is spousal maintenance calculated Arizona?
The formula provided the alimony award should be between 30% to 50% of the length of the marriage. There are many factors affecting whether the duration should be closer to 30% or 50% of the length of the marriage. This formula for calculating spousal maintenance is very simplistic.
Is Arizona a 50 50 state in a divorce?
Arizona makes an exception to the 50/50 rules where each spouse takes half the assets and debts if one spouse has committed waste (reckless spending) of marital assets. For example if one spouse spent $100,000 of marital assets gambling, a judge may reduce the gambling spouse’s property award by $100,000.
How does adultery affect divorce in Arizona?
The vast majority of divorces in Arizona are “no-fault,” which means that it’s not necessary to prove marital misconduct (like adultery), or that an innocent spouse was harmed. The courts won’t even consider evidence of wrongdoing. They will simply grant a divorce and end the marriage.
Does it matter who files for divorce first in Arizona?
Does It Matter Who Files First for a Divorce in Arizona? From a purely legal standpoint, it generally does not matter who files for a divorce first in Arizona.
Can a spouse kick you out of the house in Arizona?
Arizona is a community property state so both spouses have rights to shared marital property. If you have purchased a home with your spouse and are living together, the home belongs to both of you. … Unfortunately, while you may want to force a spouse to move from a family home, generally this will not be possible.
How much does the average divorce cost in Arizona?
On average, an Arizona divorce costs about $20,000. The average cost of divorce in Arizona without a Lawyer is $577. The average cost of divorce in Arizona with a Lawyer is $20,000. However, the average cost of divorce in Arizona can range from $15,000 to $100,000 per side when including expert witness fees.
What is a reasonable amount for spousal support?
There is no firm dollar figure for spousal support. The amount should be decided by both parties. Some common ways of calculating spousal support are to take up to 40% of the paying spouse’s net income (post-child support), less 50% of the amount of the supported spouse’s net income (if he or she is working).
How long does divorce take in Arizona?
Technically, an uncontested divorce could be over in as little as about 70 days—but those situations are rare. On average, an uncontested divorce will take between 90 and 120 days.
How long do you have to be separated before divorce in Arizona?
In Arizona, getting a legal separation takes the same amount of time as getting a divorce. Under Arizona law, a legal separation cannot be finalized until 60 days after the Petitioner serves the Respondent. In mediation, the entire process can be completed within 2-4 months.
How long after divorce can you remarry in Arizona?
Arizona has a waiting period of 60 days for all divorces. The 60-day waiting period starts when you file your divorce petition with the court. Most cases take longer than this minimum waiting period, though.
Does wife automatically get half?
Ultimately, your divorce court will split your assets if you and your spouse cannot reach an agreement. Typically, a court can divide only your marital property in your divorce, not your separate property.
Can my husband take my 401k in a divorce?
Any funds contributed to the 401(k) account during the marriage are marital property and subject to division during the divorce, unless there is a valid prenuptial agreement in place. … For example, if your spouse also has a retirement account worth a similar amount, you may each decide to keep your own accounts.
Can my wife take my retirement in a divorce?
A pension earned during marriage is generally considered to be a joint asset of both spouses. … Most retirement plans will pay pension benefits directly to divorced spouses if the domestic relations order meets certain requirements.