Divorce & Annulment

questions & answers

Question: I became disabled during our marriage.After that time,she was able to get a good paying job with benefits incl, profit sharing,retirement,etc.I have become dependent on her income to pay for bills incl. basics.Am I entitled to spousal maintenance?

Answer:

It is highly recommended that you get an attorney to assist you in the divorce process.  When issues such as spousal maintenance arise, divorce proceedings can get complicated.  It would be beneficial for you to have an advocate who knows the law.  With that in mind, the court may award spousal support if it finds that the spouse requesting maintenance:

1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs.

2. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient.

3. Has contributed to the educational opportunities of the other spouse. or

4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient.  [See, A.R.S. § 25-319(A) ].

If the court finds that a spouse is eligible for spousal support, the court will consider certain factors in determing the amount and duration.  A list of those factors are set forth in A.R.S.  § 25-319(B).

To find out specifics about how these laws apply to your specific situation, you may want to consult with an attorney. To find an attorney, you can search the find a lawyer page on the State Bar of Arizona website. You can also call either the Pima County Bar Association Lawyer Referral Service or the Maricopa County Bar Association Lawyer Referral Service. In addition, you can contact one of the organizations listed on the organizations page of this website.