Alimony is referred to in Arizona as spousal support or spousal maintenance. The parent that receives alimony must report those payments as taxable income on his or her federal and state tax returns. A spouse that pays alimony must report those payments as a deduction on their federal and state tax returns. However, the parties can agree to treat alimony differently, as far as it’s taxability. They can agree to treat it is part of a property settlement or as part of an equalization. In that instance, there is no reporting of alimony on either party’s tax returns at all. If you have any questions about alimony and the taxability of it, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
Alimony is referred to in Arizona as spousal support or spousal maintenance. The parent that receives alimony must report those payments as taxable income on his or her federal and state tax returns. A spouse that pays alimony must report those payments as a deduction on their federal and state tax returns. However, the parties can agree to treat alimony differently, as far as it’s taxability. They can agree to treat it is part of a property settlement or as part of an equalization. In that instance, there is no reporting of alimony on either party’s tax returns at all. If you have any questions about alimony and the taxability of it, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
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 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.
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.
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, 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
In Arizona, we refer to alimony as spousal maintenance and there isn’t a particular number of years people must be married in order for spousal maintenance to be ordered. There are many factors a court will consider. For more details, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
In Arizona, we refer to alimony as spousal maintenance and there isn’t a particular number of years people must be married in order for spousal maintenance to be ordered. There are many factors a court will consider. For more details, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
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.
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.
Arizona Dissolution of Marriage
In divorce, many issues require a resolution. Those issues can be resolved either by you or by the court before you can…
Read MoreA Judge Can Order a Parent to Attend Counseling in Arizona
A Judge Orders a Parent to Attend Domestic Violence Counseling in Arizona Can a judge order a parent in a child custody…
Read More
