Experience The Difference. Experience Cavanagh Law.

Do you have a claim to spousal support after divorce?

On Behalf of | Jul 19, 2023 | Family Law

One of the most pressing concerns faced by many during divorce is the state of their finances. They want to know how the choice to end their marriage will impact other aspects of their lives, such as where they will live, how they will maintain their lifestyle and how they will maintain long-term security. Spousal support, also called alimony, is financial support paid by one spouse to another to offset the economic inequity often brought about by a divorce.

If you are the lesser-earning spouse, you may wonder whether you could be eligible for this type of financial support. The higher-earning spouse typically pays spousal support to the other party, but there are many different factors that go into this determination. It is in your interests to learn more about who gets spousal support and whether you could be eligible for this type of support.

Factors that impact spousal support

Simply earning less than your spouse does not guarantee that you will automatically get spousal support, or if you get it, it does not guarantee that you will get this support long-term. You will benefit from seeking an understanding of what could impact your claim to these benefits and how you can ensure that you have the financial support you need. The courts take the following into consideration when making decisions regarding spousal support:

  • The length of the marriage
  • The physical ability of one spouse to support the other
  • Whether one spouse gave up his or her career to care for kids
  • The mental and emotional health of each spouse
  • Amount of time the lesser-earning spouse needs for education or to find employment

There are different types of spousal support. For example, the court grants rehabilitative alimony for a temporary period until the lesser-earning spouse finds employment, goes back to school and takes other steps toward financial independence. Additionally, spousal support can be either permanent or temporary.

Seeking your best future

Your future interests are at stake during your divorce. If you believe that you have a rightful claim to spousal support payments, you will benefit from seeking an understanding of how you can pursue the most beneficial outcome to your divorce. Whether it is in negotiations or the courtroom, you have the right to fight for your stability and security after your Arizona divorce.