Spousal Support For Social Security In Phoenix
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FAQ
How the spouse's benefit is determined. Your full spouse's benefit could be up to one-half the amount your spouse is eligible to receive at their full retirement age. If you choose to receive your spouse's benefits before you reach full retirement age, your payment will be permanently reduced.
Randall, in order for your wife to be eligible for spousal benefits, you need to have already filed for your own benefits. If that's the case and your wife is at least 62 years old, she can apply for her spousal benefit.
If you're eligible for retirement and spouse's benefits, you must apply for both, and you'll receive a combined benefit equaling the higher spouse's amount. This requirement is called “deemed filing” because when you apply for one benefit you are “deemed” to have applied for the other benefit.
Under A.R.S. § 25-319(A), a Judge will analyze whether the spouse: Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs. Lacks earning ability in the labor market that is adequate to be self-sufficient.
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.
Factors used in calculating alimony duration in Arizona Marriage lasting 24-60 months — Up to 36 months maintenance. Marriage lasting 60-120 months — Up to 48 months maintenance. Marriage lasting 120-192 months — Up to 60 months maintenance. Marriage lasting more than 192 months — Up to 92 months maintenance.
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.
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.
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.
