There are many factors that are considered in an Arizona family law case when the sides are in dispute about spousal maintenance. While most might think about income, property, need and which person was the primary wage earner, other aspects are significant when the court decides on an amount. Whether it is from the point of view of the person who will be paying or receiving, it is imperative to know how the court will make its determination.
The court considers many factors
One example that people might not immediately consider is if the higher earning spouse was assisted in achieving their status through contributions from the other person. That includes their education, gaining training, learning skills, building a business and having the freedom to try and advance.
If a person was working and overseeing a home while the spouse went to school for an advanced education, this can be important when maintenance is calculated. If the spouse ended up working as a professional or created a successful business, that assistance can be viewed as a key factor and the maintenance order will reflect that.
It is also essential to assess whether the spouse who contributed to the education, training and advancement put their own interests aside. Perhaps they were interested in getting education or training on their own but put it on hold. Their reduced income and opportunities will warrant consideration as the court makes its maintenance order.
There are other areas where the person seeking maintenance will be impacted by placing their own interests on hold. They could have trouble seeking sufficient employment in the current economy. That will take time to rectify and will be accounted for through spousal maintenance.
Along with spousal contributions to education, training and advancement, the court will assess property, whether there are children that need to be cared for, how long the couple was married, financial resources, cost of living and more. To reach a fair amount, it is wise to know what factors are analyzed from the start. This is fundamental with spousal maintenance and reaching a positive outcome regardless of the perspective.