Knowledgeable Scottsdale Divorce Lawyer Litigates Alimony Disputes
Strong representation to protect your financial interests
When you go through a divorce, you should set your sights on your future after marriage, and a big part of that future is your financial security. An order for alimony, more formally known as spousal support, is going to impact your finances one way or the other, whether you receive or pay. To get a fair order that protects your interests, it’s important to consult a knowledgeable attorney who knows how to build a compelling case. Attorney Mark Cord has more than 40 years of experience in contested divorce cases where spousal support has been a key issue. He knows the factors that judges rely on to make decisions and how to raise pertinent facts that can persuade the court in your favor.
The basics of alimony in Scottsdale, Arizona
The Arizona Revised Statute §25-319 lays out our state’s spousal support law. Essentially, there are four reasons a court can order alimony:
- The spouse seeking maintenance lacks sufficient property to meet his or her reasonable needs.
- The spouse is unable to be self-sufficient because care of a child makes employment inappropriate or the spouse lacks earning ability.
- The spouse contributed to the other spouse’s educational opportunities.
- After a marriage of long duration, age precludes the spouse from obtaining adequate employment.
Once the court determines that alimony is appropriate, the next questions are how much alimony to order and for how long. The law requires the court to consider 13 factors, the most common being these:
- The standard of living established during the marriage
- The duration of the marriage
- The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance
- The supporting spouse’s ability to pay, and the dependent spouse’s contribution to that earning power
- The extent to which the dependent spouse has reduced the supporting spouse’s income or career opportunities
- The educational costs of the couple’s children
- The financial resources of the party seeking maintenance
- The time it would take for the supported spouse to acquire sufficient education or training to become self-supporting
- The cost of health insurance
Having examined all pertinent facts related to these statutory factors, the court can decide to order any of three types of alimony:
- Permanent — Regular payments until death or remarriage. This type of order is increasingly rare.
- Rehabilitative — Temporary payments until the supported spouse meets certain goals for becoming self-supporting.
- Limited duration — Regular payments for a specific amount of time.
After the court issues an order for alimony, it can be very difficult to get the order changed, unless there is a substantial change in circumstances. In fact, the law allows parties to state that the alimony order is final and a court shall not alter it in the future. With these difficulties in mind, an experienced alimony attorney can help you get the right result the first time.
Negotiating an alimony settlement in Arizona
If the parties reach a settlement agreement on the alimony issue, the court will generally approve, unless the terms are clearly unfair. Negotiating or mediating a settlement is often preferable because it eliminates the risk of an adverse court decision. Mark Cord is an experienced divorce attorney who can help you settle your alimony dispute as well as your other divorce issues without resorting to litigation.
Contact a reputable Scottsdale divorce lawyer for advice on alimony
The financial aspects of your divorce are critically important. Fortunately, you can rely on attorney Mark Cord in Scottsdale, Arizona to provide clear legal guidance and strong advocacy for your alimony dispute. Call Mark at 480-994-0345 or contact his firm online to schedule your free initial consultation.