This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. 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.
Divorce Alimony For Disabled Spouse In Arizona
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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.
Such accumulated sums would, however, be considered by courts in equitable division states when determining overall property distributions. When calculating alimony, SSDI payments are considered income, while SSI is not.
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.
California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
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.
In general, disability benefits are often considered separate property and not subject to division in a divorce. This is because disability benefits are intended to compensate an individual for their own disability and are typically not considered marital assets.
It is rare that a spouse who is on disability would end up paying alimony. These payments are meant as spousal support, and it seems hard to believe that someone who cannot work would have to support someone else who is capable of supporting themselves.
A prenuptial or postnuptial agreement can prevent many alimony disputes. Such marital agreements allow couples to agree beforehand on whether spousal support would be awarded in the event of a divorce. California's Family Code 1612 states that couples can agree to waive spousal support in a prenup or postnup.