What Are the Implications of Remarriage on Receiving or Paying Alimony in Arizona?

What is Alimony, and Can I Receive It in Arizona?

There are very few divorces that finalize without arguments over certain key issues; alimony is one of these issues that can cause significant stress. Leaving a marriage is difficult, but one of the things you want to maintain is keeping your children’s lives as stable as possible.

Of course, children are expensive, and, in many cases, one of you might need spousal support or face the consequences of paying for it.

Spousal support, commonly known as alimony or spousal maintenance, is a direct payment that one spouse pays the other following their divorce. This financial assistance is paid so the other spouse can keep their head above financial water.

In Arizona, the judge usually analyzes the situation and determines the amount and length of the alimony payment.

Just some of the things that the judge uses to decide these factors are:

• How long have both of you been married?
• How much money do both spouses currently make?
• If you support any shared children.
• The amount you and your spouse invested in each other during your marriage, and more.

The judge in your case can order your ex-spouse to pay a lump sum or make monthly payments, depending on your unique circumstances and other conditions, such as your income level.

Alimony, however, is always a challenging and complex issue, and the best path to getting what you financially need is to thoroughly discuss the details with your skilled, professional, and empathetic divorce lawyer.

What Are Some of the Requirements Arizona Imposes If I’m to Receive Alimony Payments?

Arizona state details specific conditions for divorced, dependent spouses regarding how they might qualify for spousal alimony. At least one of the following requirements must describe your situation when applying.

So, if you want to obtain alimony from your spouse, you commonly meet these following requirements, and possibly more:

• You can’t cover day-to-day expenses alone – Usually, after your divorce, one of you might struggle to make ends meet. The Arizona court will usually determine expense coverage after all your shared and personal assets are divided. So, you could qualify for alimony if you don’t have enough income for financial self-sufficiency.
• If you’re unemployed or underemployed – Let’s say you’re unemployed or haven’t held down a good-paying job in a while. You could have stayed home to care for the children or supported your spouse while they built their careers. You could get alimony until you can support yourself.
• You have young children who rely on your ex-spouse – In Arizona, courts strive to keep children’s lives as stable as possible. Therefore, if you are your children’s primary caregiver and have more custody time, the court may award you alimony and child support.
• You may have made contributions that benefit your spouse – Although you have gainful employment and financial stability, you’ve made significant personal contributions to your spouse’s personal or career growth. For example, you financially helped your spouse attend college or get specific and specialized training.

While helping your spouse, you may have achieved a better position in your field but decided to invest in your spouse’s growth instead. Accordingly, the court may rule that you’re eligible for alimony to make up for these sacrifices.

So, each case is unique and must be professionally and strategically drafted and presented to the Arizona court. If you feel your due alimony, having the skilled, well-versed, and professional advice and guidance of an Arizona divorce lawyer is mandatory.

What Happens If I Remarry and I’m Currently Receiving Alimony Payments?

Under Arizona law, there are usually only two situations (other than a mutually agreed upon outside agreement between you and your spouse) that can end the obligation to provide alimony payments as ordered; they are:

• The death of either you or your spouse.
• The remarriage of the spouse that is receiving alimony.

Arizona divorce law also allows alimony to be suspended if the paying party suffers a mental or physical injury that prevents them from working. Then, when the spouse recovers, the alimony would begin once again.

Commonly, though, under most circumstances, you would lose your alimony payments if one of you died or you (as the alimony receiver) remarried.

If you remarry, your ex-spouse must file a motion to terminate the support payments and provide the court with proof of remarriage. If the spouse who pays alimony continues to pay after you’re remarried, they may eventually be entitled to a refund of those payments.

Your lawyer will explain that once you remarry and the alimony payments stop, they cannot be reinstated, even if your new marriage ends in annulment or divorce.

So, you must note that drafting a motion to receive alimony is usually critical, especially if you intend to remarry, etc. To ensure you are covering all possible contingencies, you must discuss your circumstances in detail with your thorough and empathetic divorce law team.

Are There Other Factors than Remarriage that Could Affect My Alimony Payments?

Simply put, yes, there are, and if you expect issues with your alimony, you must discuss them with your divorce lawyer before going to court.

If you or your spouse dies or you remarry, alimony is commonly terminated automatically. However, in specific and limited situations, a divorce court order could allow your alimony to continue even after remarriage.

For example, if the paying spouse remarries, this rarely affects alimony unless they can no longer meet alimony obligations or their own financial needs. In these cases, the court may reduce the amount of the alimony but not stop it altogether.

Another factor is cohabitation. Cohabitation occurs when your ex-spouse enters a relationship with another person; they live together but don’t get married.

This is a legally “gray” area, and Arizona law has no hard-and-fast cohabitation definitions. However, the more closely this new relationship resembles a marriage, the more likely the court will consider it cohabitation.

In most cases, cohabitation does not automatically terminate alimony. However, the Arizona court will take a new look into both spouse’s financial circumstances and determine whether a modification to the current alimony payment is appropriate.

I Am Divorcing and Requesting Alimony; How Should I Proceed?

If you’re divorcing in Arizona and requesting alimony, although there are some conditions you must meet, these Arizona guidelines can be legally vague. That said, if alimony is vital to your divorce agreement, obtaining the help, guidance, and knowledge of a highly skilled spousal support law team is mandatory. Under current Arizona laws, alimony can be a highly subjective subject to present to the court successfully, but it’s always a critically important one to you and your future life.

The Mesa-based, winning, and experienced spousal support lawyers at Turner Law Firm PLLC have a long, distinguished history of obtaining the alimony payments you genuinely need and rightfully deserve.

Call them today at 623-253-8718 for a case evaluation, and they will fight this legally challenging battle for the finances you must have to move on with your life with optimism and financial stability.