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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CHANGES TO SPOUSAL MAINTENANCE IN ARIZONA

On April 5, 2018, the Arizona Legislature changed the spousal maintenance statute to make it easier for some spouses to qualify for spousal maintenance when divorcing. Getting Spousal Maintenance in Arizona A.R.S. § 25-319 is the statute in Arizona that addresses when a spouse qualifies for spousal maintenance and, if so, the amount and duration of the support to

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NEW STRATEGIES AND CONSIDERATIONS IN NEGOTIATING SPOUSAL MAINTENANCE IN LIGHT OF THE NEW TAX LAW

If you followed our blog series this month so far, you should have a general understanding about the effects the new tax law may have on those of you contemplating getting divorced or looking at a possible modification of the orders regarding spousal maintenance. Hopefully you learned, in actual dollars and cents, the effects this

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SHOW ME THE MONEY! EXAMPLES OUTLINING THE ACTUAL EFFECT OF THE CHANGES TO SPOUSAL MAINTENANCE UNDER THE NEW TAX LAW

Now that you understand generally the effects that the new tax law may have on those of you contemplating getting divorced or looking at a possible modification of the orders regarding spousal maintenance, we will now go through a couple of examples to show you specifically how this will affect your pocketbook and “bottom line”

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WINNERS AND LOSERS AS TO THE CHANGES TO SPOUSAL MAINTENANCE UNDER THE NEW TAX LAW

As we detailed in our last blog, if you are contemplating getting divorced or looking at a possible modification of the orders regarding spousal maintenance, then the new tax law will have a significant effect on both parties. Looking at it from the perspective of the trenches in family court, there are some clear winners and clear

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CHANGES TO ALIMONY AND SPOUSAL MAINTENANCE AS A RESULT OF THE NEW 2018 TAX LAW

Unless you’ve been in quarantine at Guantanemo Bay or otherwise living under a rock the last few months, you are aware of the new federal tax bill, ie. the Tax Cuts and Job Act (“TCJA”) passed by Congress and signed into law by President Trump at the end of December. If you are looking at

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MODIFYING AN EXISTING SPOUSAL MAINTENANCE AWARD

My previous three blog posts discussed qualifying for spousal maintenance and the factors the Court considers when determining how much will be paid for how long. Once an order has been entered it can last for years or months. During that time things can change and one party may want to modify the order. To

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THE SECOND STEP: DETERMINING THE AMOUNT AND DURATION OF SPOUSAL MAINTENANCE – Part 2 of 2

If you read my last two blog posts about spousal maintenance, you hopefully have a better understanding of why this issue is one of the most litigated issues in family law. Once the Court establishes that a spouse is eligible to receive spousal maintenance, the Court then considers thirteen factors to determine how much spousal

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THE SECOND STEP: DETERMINING THE AMOUNT AND DURATION OF SPOUSAL MAINTENANCE – Part 1 of 2

For both the paying spouse and the spouse who is not currently employed, the issue of how much spousal maintenance will be paid or received causes significant apprehension. Financial uncertainty factors heavily into the divorce decision-making process – should I stay or should I go? Even in cases where the parties have more equal bargaining

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THE FIRST STEP: QUALIFYING FOR SPOUSAL MAINTENANCE IN MARICOPA COUNTY

There are several factors the judge is required to consider before ordering one spouse to pay spousal maintenance to the other spouse. The first question a judge has to answer is whether the requesting party even qualifies for an award of spousal maintenance. To answer that question the judge must consider the factors set out

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