Temporary vs. Short-Term vs. Permanent Spousal Support: Understanding Your Options
Temporary vs. Short-Term vs. Permanent Spousal Support in AZ
Arizona’s spousal support laws may seem complex, but they’re designed to be fair and practical. If you’re in the middle of a divorce and want to seek spousal support, it’s important to understand your options for a clear path forward.
Temporary Spousal Support Provides Stability During Divorce
Temporary spousal support, or “pendente lite,” aims to maintain financial stability for the lower-earning spouse while the divorce is underway. In Arizona, judges often award temporary support before a final spousal maintenance agreement is finalized to ensure both spouses can cover basic living expenses during the transition period. This support is especially helpful if one spouse has taken on an unpaid role in the home.
Temporary alimony ends once the divorce is finalized. However, the judge may extend it for a fixed period if additional support is needed, factoring in things like the length of your marriage, your age, employment history, and earning potential.
Short-Term Spousal Support Bridges the Gap to Independence
Short-term spousal support, sometimes called rehabilitative or transitional support, provides financial help for a specific period after the divorce is finalized. Unlike permanent support, short-term support has a clear end date. In Arizona, judges often award short-term support to give a lower-earning spouse the time needed to regain their financial footing, whether through completing an education program, securing stable employment, or making a smoother transition to single life.
Permanent Spousal Support is Rarer in Arizona
Permanent spousal support in Arizona is hard to come by because of a recent change to the state’s spousal maintenance statute. It’s typically only granted if the marriage was long term or the spouse requesting support has significant challenges to becoming self-sufficient, such as age, illness, or disability.
Permanent support helps the lower-earning spouse maintain a lifestyle similar to the one they had during the marriage. However, Arizona’s family courts are generally conservative about awarding lifetime support, preferring solutions that encourage self-sufficiency.
How to Modify Spousal Support
Arizona recognizes that financial circumstances can shift unexpectedly. If you’re paying or receiving spousal support and face a significant life change, you can apply to modify the arrangement. For example, job loss, serious illness, or a significant change in either spouse’s financial status may justify a modification request. Keep in mind that modification isn’t guaranteed and typically requires substantial proof of changed circumstances. This makes seeking legal guidance a wise choice for promoting a desirable outcome.
Get Help Navigating Spousal Support in Arizona
The Law Office of Hector A. Montoya, P.L.L.C., brings over 30 years of family law experience to every spousal support case. Our Tucson-based team provides clear guidance, compassionate support, and practical solutions based on your needs. We are proud to be one of Tucson’s top family law attorneys, as named by KGUN 9, with a unique background in finance and business that makes our firm especially effective in complex cases. Contact us today for a free consultation at our office in Tucson, AZ.