Arizona Alimony Trust in Lieu of Alimony and all Claims

State:
Multi-State
Control #:
US-02105BG
Format:
Word; 
Rich Text
Instant download

Description

This is an agreement in which Spouse A (the spouse who is ordered by the court to make alimony and/or child support payments to Spouse B) must put assets (the principal) in a trust, from which the payments are made to Spouse B.


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.

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FAQ

Contrary to what many believe, there is no exact or legal formula to compute spousal maintenance amount and its duration in Arizona. Judges must decide on a case-to-case basis.

Permanent Spousal Maintenance is far less common in Arizona today than temporary alimony, but a judge may award permanent spousal maintenance to a lower-earning spouse after a divorce if the marriage was of long duration or if the spouse is unable to gain financial independence due to disability, illness, or old age.

Under A.R.S. § 13-707, a person who is convicted of criminal failure to pay spousal support may be sentenced to up to six months of jail time. There are also civil penalties for failing to pay spousal support. Under A.R.S.

Alimony is not guaranteed by Arizona law, and courts evaluate many factors to determine whether, how much, and how long alimony is required.

Judges are given broad discretion in whether to order spousal maintenance (alimony). 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 the duration and the amount of alimony payments.

Those scenarios are if the requesting spouse: Lacks sufficient property to provide for their reasonable needs, including after property division from the divorce proceedings. Lacks the earning ability required to become financially self-sufficient.

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Arizona Alimony Trust in Lieu of Alimony and all Claims