Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Arizona has a case called [?], and that case has allowed the spouse that doesn’t own the business to actually have an interest in the appreciation and value of that business during the course of the marriage. What we’re looking at is labor, toil, and efforts of the community. Best way to think about this is, if I have a sole and separate business and I’m actually doing something to help that business, my spouse may have a claim to my sole and separate property.
This same situation can occur with separate property homes. So let’s say that you get married, and you have a house that’s worth $500,000. Your community earnings bought the new pool, the new landscaping, and put in the addition, and when you file for divorce that house is worth $1.5 million, so you’ve got $1,000,000 of appreciation during the marriage. Is it fair that the spouse who owned the house coming into the marriage receives all $1,000,000 of appreciation? The courts in Arizona don’t typically think so. So those are two situations where your sole and separate property is not necessarily 100% your sole and separate property. Always be wary that there may be what we call a community lien on your separate property.
Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Arizona has a case called [?], and that case has allowed the spouse that doesn’t own the business to actually have an interest in the appreciation and value of that business during the course of the marriage. What we’re looking at is labor, toil, and efforts of the community. Best way to think about this is, if I have a sole and separate business and I’m actually doing something to help that business, my spouse may have a claim to my sole and separate property.
This same situation can occur with separate property homes. So let’s say that you get married, and you have a house that’s worth $500,000. Your community earnings bought the new pool, the new landscaping, and put in the addition, and when you file for divorce that house is worth $1.5 million, so you’ve got $1,000,000 of appreciation during the marriage. Is it fair that the spouse who owned the house coming into the marriage receives all $1,000,000 of appreciation? The courts in Arizona don’t typically think so. So those are two situations where your sole and separate property is not necessarily 100% your sole and separate property. Always be wary that there may be what we call a community lien on your separate property.
Alimony, which is called spousal maintenance in Arizona, is determined by the factors outlined in Arizona revised statute title 25, section 319, subsection A and subsection B. The court first looks at the threshold criteria in subsection A.
The court will determine if a spouse is eligible for spousal maintenance after considering the following factors;
If the court determines the spouse is eligible to receive spousal maintenance, under subsection A, then the court will consider the amount and duration under the thirteen statutory factors in subsection B.
If you call me at Warner Angle, (602) 264-7101, I’ll be glad to schedule a complimentary consultation to discuss your ability to receive spousal maintenance. I look forward to meeting with you soon.
Alimony, which is called spousal maintenance in Arizona, is determined by the factors outlined in Arizona revised statute title 25, section 319, subsection A and subsection B. The court first looks at the threshold criteria in subsection A.
The court will determine if a spouse is eligible for spousal maintenance after considering the following factors;
If the court determines the spouse is eligible to receive spousal maintenance, under subsection A, then the court will consider the amount and duration under the thirteen statutory factors in subsection B.
If you call me at Warner Angle, (602) 264-7101, I’ll be glad to schedule a complimentary consultation to discuss your ability to receive spousal maintenance. I look forward to meeting with you soon.
In Arizona, there’s no specific amount a spouse might receive with respect to spousal maintenance. If you look on the internet, you will find spousal maintenance guidelines, containing a formula. That formula was rejected by the Arizona courts. A.R.S section 25-319(B) governs how much spousal maintenance a court will award. For more details, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
In Arizona, there’s no specific amount a spouse might receive with respect to spousal maintenance. If you look on the internet, you will find spousal maintenance guidelines, containing a formula. That formula was rejected by the Arizona courts. A.R.S section 25-319(B) governs how much spousal maintenance a court will award. For more details, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
Hi. My name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the family law department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system. One of the ways parties can choose to opt out is by choosing to arbitrate.
Arbitration is a voluntary process. It’s beyond the jurisdiction of a judge to order parties to arbitrate. However, once parties do decide to arbitrate, a court order will be entered that appoints the arbitrator and governs the process. Generally in Arizona, arbitrations are governed by a set of statutes known as Arizona’s Arbitration Act. One of the advantages of arbitration is that the parties can choose the neutral that serves as the arbitrator based on the parties’ circumstances, particularly where the issues are specialized such as with the valuation of a business or professional practice. The parties can chose an arbitrator who has a greater amount of education, training, and experience than the judge randomly assigned to their case. This gives the parties the opportunity to obtain a more predictable outcome because the arbitrator is familiar with the issues that will be presented in a valuation analysis, and the judge might not be. An important difference between choosing to arbitrate a dispute as compared to a trial concerns the right to appeal.
Under Arizona’s Arbitration Act, people who choose to arbitrate have very limited rights to appeal the decision of the arbitrator. This is very dissimilar from their rights to appeal should a judge make the decision after a trial on the merits. Overall, however, in many cases we find that by choosing to opt out through a process of arbitration, we’re able to reach our goal of helping our clients obtain a more favorable result in their family law proceeding.
Hi. My name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the family law department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system. One of the ways parties can choose to opt out is by choosing to arbitrate.
Arbitration is a voluntary process. It’s beyond the jurisdiction of a judge to order parties to arbitrate. However, once parties do decide to arbitrate, a court order will be entered that appoints the arbitrator and governs the process. Generally in Arizona, arbitrations are governed by a set of statutes known as Arizona’s Arbitration Act. One of the advantages of arbitration is that the parties can choose the neutral that serves as the arbitrator based on the parties’ circumstances, particularly where the issues are specialized such as with the valuation of a business or professional practice. The parties can chose an arbitrator who has a greater amount of education, training, and experience than the judge randomly assigned to their case. This gives the parties the opportunity to obtain a more predictable outcome because the arbitrator is familiar with the issues that will be presented in a valuation analysis, and the judge might not be. An important difference between choosing to arbitrate a dispute as compared to a trial concerns the right to appeal.
Under Arizona’s Arbitration Act, people who choose to arbitrate have very limited rights to appeal the decision of the arbitrator. This is very dissimilar from their rights to appeal should a judge make the decision after a trial on the merits. Overall, however, in many cases we find that by choosing to opt out through a process of arbitration, we’re able to reach our goal of helping our clients obtain a more favorable result in their family law proceeding.
Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Talking about spousal maintenance, the great grey area in Arizona Dissolution of Marriage Law.
Spousal maintenance has no guidelines. It’s one of the keys that anybody has to understand. So, when a client asks me, what am I going to see receiving spousal maintenance, it’s almost impossible to tell them and there’s lots of reasons why but I want to relate a story. I help teach younger attorneys how to put on divorce trials. I remember one time we were doing this we had a panel of judges who came in to sit at our mock trial. We had five judges. We presented the exact same case, of course, to all five judges. All five judges had a different ruling on how much spousal maintenance the spouse was going to get and how long the spousal maintenance term was going to last. I like to tell that story because clients will ask all the time, how much am I going to pay in spousal maintenance? How much am I going to receive in spousal maintenance? The answer is always: “it depends”. That’s why we call it the great grey area.
There are a myriad of factors that play in to not only whether or not one is entitled to spousal maintenance but more specifically how much spousal maintenance one will receive and for how long.
Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Talking about spousal maintenance, the great grey area in Arizona Dissolution of Marriage Law.
Spousal maintenance has no guidelines. It’s one of the keys that anybody has to understand. So, when a client asks me, what am I going to see receiving spousal maintenance, it’s almost impossible to tell them and there’s lots of reasons why but I want to relate a story. I help teach younger attorneys how to put on divorce trials. I remember one time we were doing this we had a panel of judges who came in to sit at our mock trial. We had five judges. We presented the exact same case, of course, to all five judges. All five judges had a different ruling on how much spousal maintenance the spouse was going to get and how long the spousal maintenance term was going to last. I like to tell that story because clients will ask all the time, how much am I going to pay in spousal maintenance? How much am I going to receive in spousal maintenance? The answer is always: “it depends”. That’s why we call it the great grey area.
There are a myriad of factors that play in to not only whether or not one is entitled to spousal maintenance but more specifically how much spousal maintenance one will receive and for how long.
In Arizona, most people can modify spousal support upon a showing of substantial and continuing changes in circumstances, such as the loss of a job. However, some people execute marital settlement agreements, or property settlement agreements when they are divorcing. Some of these agreements contain non-modifiable spousal maintenance provisions. In those circumstances, spousal maintenance cannot be modified. For more details, please contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
In Arizona, most people can modify spousal support upon a showing of substantial and continuing changes in circumstances, such as the loss of a job. However, some people execute marital settlement agreements, or property settlement agreements when they are divorcing. Some of these agreements contain non-modifiable spousal maintenance provisions. In those circumstances, spousal maintenance cannot be modified. For more details, please contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
Spousal maintenance can be modified by showing a substantial and continuing change of financial circumstances. Well what does that mean? It can mean any number of things. It can mean that you changed jobs. It can mean you have moved. It can mean you have less parenting time. It can mean that you suffered a catastrophic injury and you’re not able to work anymore. Each case is unique and it requires a specific inspection by the attorney who you hire. Also to consider, if your decree says that spousal maintenance is non-modifiable, unfortunately at that point, the court doesn’t have the power to modify, so the answer to the question then would be no. But again, I would love to talk to you more about your case and if you’d like to talk to me, you can email me.
To modify spousal maintenance in Arizona, contact a Scottsdale divorce attorney.
Spousal maintenance can be modified by showing a substantial and continuing change of financial circumstances. Well what does that mean? It can mean any number of things. It can mean that you changed jobs. It can mean you have moved. It can mean you have less parenting time. It can mean that you suffered a catastrophic injury and you’re not able to work anymore. Each case is unique and it requires a specific inspection by the attorney who you hire. Also to consider, if your decree says that spousal maintenance is non-modifiable, unfortunately at that point, the court doesn’t have the power to modify, so the answer to the question then would be no. But again, I would love to talk to you more about your case and if you’d like to talk to me, you can email me.
To modify spousal maintenance in Arizona, contact a Scottsdale divorce attorney.
In Arizona, alimony is called spousal maintenance. There are four specific criteria that the court must evaluate in determining whether a spouse is entitled to spousal maintenance, and the central theme is whether the requesting spouse can provide for his or her reasonable needs.
In determining whether a spouse can meet his or her needs, the court can consider that spouse’s sole and separate property, along with any community property that is awarded to that spouse as part of the divorce. If the court determines that one spouse is entitled to spousal maintenance, the court then considers all other relevant factors, including thirteen specific statutory factors to determine the amount and duration of the award.
The factors that potentially relate to separate property include the following: the ability of the paying spouse to meet his or her own needs and still pay something to the other spouse; the comparative financial resources of each spouse; and the ability of the parties to contribute to the future educational costs of their common children. So, separate property can be considered both when determining if a spouse is entitled to spousal maintenance and if so, the amount and duration of the award. If you would like more information, please contact me.
In Arizona, alimony is called spousal maintenance. There are four specific criteria that the court must evaluate in determining whether a spouse is entitled to spousal maintenance, and the central theme is whether the requesting spouse can provide for his or her reasonable needs.
In determining whether a spouse can meet his or her needs, the court can consider that spouse’s sole and separate property, along with any community property that is awarded to that spouse as part of the divorce. If the court determines that one spouse is entitled to spousal maintenance, the court then considers all other relevant factors, including thirteen specific statutory factors to determine the amount and duration of the award.
The factors that potentially relate to separate property include the following: the ability of the paying spouse to meet his or her own needs and still pay something to the other spouse; the comparative financial resources of each spouse; and the ability of the parties to contribute to the future educational costs of their common children. So, separate property can be considered both when determining if a spouse is entitled to spousal maintenance and if so, the amount and duration of the award. If you would like more information, please contact me.
Hello, I want to speak to you today about whether you may be eligible for spousal maintenance in Arizona. The court is going to look at a variety of factors to determine whether you are eligible for spousal maintenance, as well as the amount and duration of that spousal maintenance award.
Although there are many factors the court will look at, as a general overview, usually the more important factors include, the differences in the parties income, the amount of assets that each spouse will take from the marriage and the length of the marriage. Now there is certainly many more factors under the statute that the court will also consider, but in most cases those are the most important factors for the court to consider. If you any other questions regarding whether you are eligible for spousal maintenance in the state of Arizona, please feel free to contact me.
If you still have questions regarding whether or not you are eligible to receive alimony in Arizona, please contact a Scottsdale alimony lawyer.
By: Chris Hildebrand
Hello, I want to speak to you today about whether you may be eligible for spousal maintenance in Arizona. The court is going to look at a variety of factors to determine whether you are eligible for spousal maintenance, as well as the amount and duration of that spousal maintenance award.
Although there are many factors the court will look at, as a general overview, usually the more important factors include, the differences in the parties income, the amount of assets that each spouse will take from the marriage and the length of the marriage. Now there is certainly many more factors under the statute that the court will also consider, but in most cases those are the most important factors for the court to consider. If you any other questions regarding whether you are eligible for spousal maintenance in the state of Arizona, please feel free to contact me.
If you still have questions regarding whether or not you are eligible to receive alimony in Arizona, please contact a Scottsdale alimony lawyer.
By: Chris Hildebrand
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