What will the courts do here in Arizona if my spouse quits working in order to stop having to pay spousal maintenance?
A former spouse cannot avoid spousal maintenance or child support by voluntarily reducing or terminating his or her employment. The court has the discretion to attribute income to a spouse who voluntarily reduces his or her income and to require the paying spouse to pay spousal maintenance or child support in the former amount. The…
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…
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…
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…
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…
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…
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…
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,…
What does a property settlement agreement do?
A Property Settlement Agreement lays out and explains how your property will be divided. If the court ultimately decides how your property will be divided, the property division will be explained in your decree, which is public record and can be read by anyone. If, however, you negotiate and draft a Property Settlement Agreement, you…
Schedule Your Consultation
We can conduct your consultation by phone, zoom or in person. Call us today at (480) 219-2433 or fill out the form below.
Contact Information
Scottsdale, Arizona 85253
