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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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is there a 10 yr law (long term marriage) about having to give spouse maintenance (alimony

Resolved Question:

is there a 10 yr law (long term marriage) about having to give spouse maintenance (alimony) in the state of Arizona
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is no. There is no specific formula. Alimony is calculated based on need of the individual, and on the following subjective factors: 1. The standard of living established during the marriage. 2. The length of the marriage. 3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance. 4. The ability of the spouse from whom maintenance is sought to meet that spouse’s needs while meeting those of the spouse seeking maintenance. 5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market. 6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse. 7. The extent to which the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the benefit of the other spouse. 8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children. 9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet that spouse’s own needs independently. 10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available. 11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. 12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved. 13. All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim. Arizona Statutes - Title 25 - Chapters: 319, 322.

As such, it really is at the Court's discretion and can even vary from Judge to Judge.

However, you may be referring to the "estimate." Many claim that typically the duration of alimony can be determined by multiplying the length of a marriage by a third or half. So if married for ten years, the alimony can last 3-5 years. However, this is only an observation, and not a rule written in stone. Also, nothing is spoken of the amount - this is up to the Court.

I hope this helps and clarifies. Best of luck.

If this is not what you had hoped to hear, I am sorry. Surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up.

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Customer: replied 1 year ago.

when you say NO, are you saying there is no law in arizona that will NOT give spouse maintenance if marry less than 10 yr or will automatically GIVE spouse maintenance if marry for more than 10 yr , so even if i been marry less than 10 yr i could still pay or if i am marry more than 10 yr not necessarily pay any

Expert:  Ely replied 1 year ago.
Thank you for your reply, Rafael.

I am saying that there is no law that automatically gives alimony in Arizona. If someone has told you this, then they are wrong. Alimony is on a case by case basis, and may be denied. Also, the party has to ask for alimony in order for it to be considered, and then prove that they need it.

There are plenty of times when parties married for 10 years or more end up with no alimony, and there are some times when parties married for less than 10 years do pay some alimony - it is subjective.

Whoever told you otherwise was unfortunately misleading.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88194
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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