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I received copies of my dissolution of marriage. There is an…

I received copies of...

I received copies of my dissolution of marriage. There is an Addendum attached that states "Spousal Maintenance/Support (Petitioner Voluntary Alimony) which then has the financial information. My question is that it states "Voluntary Alimony". Can this be taken away at any time? Thank you.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

This is in Arizona.

Lawyer's Assistant: Has anything been filed or reported?

The petition has been filed but I have not filed a Response.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of at this moment.

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Answered in 2 minutes by:
4/29/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,115
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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In Arizona there are three forms of spousal maintenance:

  • Permanent Alimony: This type of alimony is granted when spouses are unable to appropriately support themselves and there is no indication that he or she will ever be able to support themselves in the future. This typically occurs when someone has a significant disability;
  • Rehabilitative Alimony: Rehabilitative spousal maintenance is awarded when a spouse is unable to support themselves at the current time, but will be able to do so if he or she were to attain additional education, work experience or training that would enable him or her to support themselves in the future; or
  • Compensatory Alimony: Compensatory spousal maintenance may be awarded when one spouse has contributed to the educational opportunities of the other spouse. For example, if a spouse had supported the family throughout the marriage to allow the other spouse to obtain education or further his or her career.
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A spouse requesting alimony in Arizona must first establish they are eligible for an award of alimony because they lack sufficient property to provide for their needs, are unable to obtain employment that will cover their needs or is the custodian of a child of such young age he or she should not be expected to work, had a marriage of long duration and is of such an age he or she should not be expected to return to the workforce, or contributed to the educational opportunities of the other spouse.

It is important, therefore, to look at the ability of a spouse to provide for his or her own needs, as well as the amount of property being awarded to the spouse seeking spousal maintenance. The court will also look at the income of both spouses to determine if alimony will be awarded. As a general rule, the court will consider all income received by either spouse.

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A spouse can seek temporary spousal maintenance by filing a motion for temporary orders requesting maintenance. This motion must be accompanied by an affidavit laying out all the facts for why the maintenance is needed. The motion should address current living expenses, the lack of funds to pay the expenses through employment or savings, or the lack of access to community funds, and it should address the other spouse’s ability to pay temporary maintenance.

The motion should also include expenses associated with the divorce, like attorney’s fees or moving expenses.

The responding spouse will be served an order to appear for a temporary orders hearing.

Sounds like you may have filed for divorce and sought temporary orders.The court will decide what temporary orders including alimony to award and then take it up permanently at final hearing.

You are seeking to have the court award temporary and then permanent alimony in the divorce.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Most Arizona judges consider marriages lasting between ten to fifteen years to be marriages of moderate duration, which may justify a larger award of alimony for a greater length of time. Marriages that are fifteen years or longer are considered by most judges to be marriages in the “moderate to long term” or long term depending upon how long the marriage was when the divorce was filed.

You can ask for alimony here for half the length of marriage as a minimum.

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Customer reply replied 1 year ago
Thank you very much for your information.
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