This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Spousal Support Calculator In Arizona In New York
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FAQ
Typically, a wife is entitled to half of the community property, potential spousal support, and any personal assets obtained before marriage or received as gifts.
In Arizona, alimony is considered reasonable if it is less than 50% of the paying spouse's income pre-divorce. Most reasonable spousal maintenance payments fall between 15% and 30% of the paying spouse's pre-divorce income to enable the receiving spouse to meet their own needs.
For the Rule of 65 to apply, three things must be true: (1) the party seeking the award is at least 42 years old, (2) the marriage length, as defined above, is at least 16 years (193 or more months), and (3) the age of the spouse seeking spousal maintenance plus the marriage length is equal to or greater than 65.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
If you qualify for alimony, the amount awarded will depend on several factors, including: The same factors used to decide if you qualify. Your marital standard of living. You and your spouse's age, health, earning capacity and relative financial resources.
Judges are given broad discretion in whether to order Spousal Maintenance. It is not guaranteed. Further, the Arizona Supreme Court is directed to establish guidelines based on different factors that are outlined in A.R.S. § 25-319 that will determine whether a spouse in eligible to receive maintenance.
First Step: Eligibility for Alimony Judges may award alimony to a spouse who: doesn't have enough property to meet that spouse's needs, even after the couple's property has been divided in the divorce. doesn't have enough earning ability in the labor market to be self-sufficient.
Arizona law does not use a strict formula for calculating spousal maintenance, unlike child support. Instead, courts consider a variety of factors, including: Income and Earning Potential: The income of both spouses and their potential to earn post-divorce is a critical factor.
A. What is Arizona's policy about spousal maintenance duration? Under A.R.S. § 25-319(B), as revised effective September 24, 2022, the spousal maintenance award is only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient.