Most people assume that an earning spouse must pay their non-earning partner spousal maintenance when a marriage ends. However, this stereotype is not always true. However, if you were the homemaking partner in the marriage, you can generally expect to be awarded spousal maintenance in your divorce. It’s simply a good idea to clarify your situation with an attorney instead of making assumptions.
Arizona values non-financial contributions to a marriage, like taking care of the home and raising children. It’s also a community property state, which means that homemaking partners are entitled to a fair share of all income earned during the marriage.
Permanent spousal maintenance
Permanent spousal maintenance is awarded when one spouse is unable to achieve financial independence due to age, disability or other factors. The court considers the length of the marriage, the standard of living during the marriage and the recipient’s ability to support themselves.
Temporary spousal maintenance
On the other hand, temporary spousal maintenance is granted during the divorce proceedings. It aims to address the immediate financial needs of the lower-earning spouse while the divorce is pending. This temporary support helps maintain the status quo until a final determination of spousal maintenance is made.
Rehabilitative spousal maintenance
Rehabilitative spousal maintenance is designed to support the lower-earning spouse while they undergo education or training to become financially self-sufficient. This type of maintenance encourages independence and is based on a specific plan that outlines the steps the receiving spouse will take to achieve financial stability.
Understanding the nuances of spousal maintenance is vital for homemaking partners who are navigating divorce proceedings. Whether it’s the long-term commitment of permanent spousal maintenance, the temporary support during divorce proceedings or the goal-oriented rehabilitative maintenance, each type serves a distinct purpose.