FAMILY LAW BLOG

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Cindy Best
When does spousal maintenance end in Arizona?

Spousal maintenance terminates upon the death or remarriage of the receiving spouse. This is called non-modifiable, but excludes these two situations. There will be a beginning date and an ending date for the payments if you negotiate it and if a court orders it.

Cindy Best
In Arizona, how is spousal support paid?

Here in Arizona there are several options. It can be paid directly from one spouse to the other. Both parties should keep very accurate records of the payments. The court may order the payments to be made through the clearinghouse, administered by the state of Arizona. They keep track of payments for you. Failure to … Continue reading In Arizona, how is spousal support paid?

Cindy Best
How is spousal maintenance calculated here in Arizona?

In Arizona, there is no statutory formula for calculating spousal maintenance; however, there is an unofficial “guidelines” formula that is used by many attorneys and some judges. Arizona judges have broad discretion in determining whether or not to award spousal maintenance and in determining the amount and duration of spousal maintenance awarded. It is best … Continue reading How is spousal maintenance calculated here in Arizona?

Cindy Best
What is alimony?

Here in Arizona, spousal maintenance (formerly known as alimony) is a monthly payment from one spouse to another, which is designed to allow for the spouse who earns less income to establish a home and living environment on his/her own. Spousal maintenance is used for an easier transition to becoming a single person in certain … Continue reading What is alimony?

Cindy Best
I am getting ready to file for divorce here in Arizona. Can I take all the money out of our Scottsdale joint savings account?

No, because although the temporary injunction is not in place, you are intending to file and it is not fair to take all the money out of any joint accounts you have in Arizona. You may take half of the money, and this should not cause any problems in case you have to explain this … Continue reading I am getting ready to file for divorce here in Arizona. Can I take all the money out of our Scottsdale joint savings account?

Cindy Best
What happens in Arizona when my husband will not get out of the house, and I just filed for divorce?

You will have to file a motion to ask the court for exclusive use of the home. This is discretionary with the judge, and will likely take a month or more to get a hearing; usually, this is part of a temporary orders hearing. If you both own the house, maybe you can negotiate this … Continue reading What happens in Arizona when my husband will not get out of the house, and I just filed for divorce?

Cindy Best
During a divorce in Arizona, what if neither of us can afford the house in Scottsdale?

This is no different than if you were together. You have the same problems and issues as if you were together (divorce just makes it more difficult). The mortgage company expects both of you to pay. If there is a deficiency judgment because of a line of credit, the creditor will look to both of … Continue reading During a divorce in Arizona, what if neither of us can afford the house in Scottsdale?

Cindy Best
What happens when spouses in Arizona own a business together?

During the divorce process here in Arizona, the court will usually attempt to keep the things the way they presently are when it comes to the day-to-day operations of a family business. A business valuation expert can assess the value of the business during the divorce matter. Arizona courts, with the input from the business … Continue reading What happens when spouses in Arizona own a business together?

Cindy Best
What if my spouse does not pay the community debts as ordered in the final decree? Can our creditors force me to pay?

Yes, Arizona Revised Statute 25-318 states that a creditor can collect a marital debt from either spouse, regardless of which spouse is ordered to pay the debt by the court. The innocent spouse then has the right to recover from the obligated spouse. If a party fails to comply with an order to pay debts, … Continue reading What if my spouse does not pay the community debts as ordered in the final decree? Can our creditors force me to pay?

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