Arizona Spousal Maintenance Guidelines: Self-Sufficiency Standard

spousal maintenance guidelines

What is the Self-Sufficiency Standard? Pursuant to § A.R.S. 25-319(B), “The Court may award spousal maintenance pursuant to the guidelines only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient,” meaning the duration of the award is directly linked to how long it will take to

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Prenuptial Agreements in Arizona: Commonly Asked Questions and What You Need to Know

engaged couple considering a prenuptial agreement in arizona

As you and your partner begin to consider a Prenuptial Agreement, it is essential to understand the legal intricacies that govern their enforceability and implications, particularly concerning spousal support and financial disclosures. Enforceability of a Prenuptial Agreement To be legally binding in Arizona, a Prenuptial Agreement must meet certain requirements, such as: The agreement must

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Arizona’s New Spousal Maintenance Guidelines are Here – What You Need to Know

divorce lawyer Scottsdale Arizona

Family Law Attorney In Scottsdale Arizona Ask any Arizona family law attorney what issue they hate litigating and the answer is almost always: spousal maintenance (a.k.a. alimony).  The reason?  Historically, there has been so much “gray area” in Arizona’s law on this topic and that makes for unpredictability on how judges and courts will rule. 

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High Asset Divorce – Dividing Your Retirement Accounts

If you’re going through a divorce or legal separation, and you or your spouse have retirement accounts (IRA’s, 401K’s, Pensions) that need to be divided, you will need to hire an attorney to prepare a Qualified Domestic Relations Order, more commonly known as a QDRO, and have it filed with the Court.  A QDRO is

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SHOULD I FILE FOR DIVORCE?

We’ve all heard the statistics that 50% of marriages end in divorce. Filing for divorce is a big decision that not only impacts you and your spouse, but the lives of your children and extended family, as well.  So, how do you know when it’s time to get a divorce? At Owens & Perkins, we

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Family Law Trials : Child Support and Spousal Maintentance

The determination of Child Support and Spousal Maintenance are important issues affecting your ongoing financial future after a divorce. When you’re approaching an upcoming trial it’s important to understand how and what the Court will look at to determine Child Support and Spousal Maintenance and whether you’ll be liable to pay or eligible to receive

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Modifying an Order for Spousal Maintenance

Spousal Maintenance, much like child support, is based off of the income of the party paying for it, but it is also based in large part on the financial needs of the party receiving the same. As we move through life, our income and respective financial circumstances can (fortunately or unfortunately) change. When that happens,

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The New Spousal Maintenance Tax Law

Prior to January 1st, 2019, spousal maintenance was tax deductible for the person paying and was considered income for the person receiving the funds. Last year, the Tax Cuts and Jobs Act (TCJA) was passed changing the tax-law definition for spousal maintenance. TCJA eliminates deductions for spousal maintenance ordered by post 2018 dissolution agreements/orders. If

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“RECAPTURING” THE INCOME OF THE SELF-EMPLOYED SPOUSE OR PARENT

In determining spousal maintenance and/or child support in a family court case, the Court must determine the income of the parties. Typically, this is a fairly simple process of looking at paystubs, W2s, tax returns, etc. Sometimes there are small curveballs thrown in such as variable bonuses, commissions pay, and the like. But what about

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STOCK OPTIONS: BOTH AS COMMUNITY ASSETS AND AS INCOME

It has become increasingly popular for companies to offer stock options as part of an overall benefit package to attract and keep employees. Typically these stock options are granted at a certain time but do not vest until 1, 2, and even 3+ years into the future, giving the employee motivation to stay with the

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