Spousal Support

[Red003]

What is the name of your state? Arizona

I have been married for the past 7 years and we have no children together. He earns around $90,000.00 a year compared to my $30,000 a year. I left him because he became an extremely heavy drinker and that was EVERY NIGHT! Anyway, can I go for spousal support? Am I entitled? I've heard so many different stories and I'd like to know for sure. I would like to go to school and get a better education so I can earn more money, I can't make it every month without someone helping me out. I want to file and need to know if this is an option for me. Please advise.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Arizona

I have been married for the past 7 years and we have no children together. He earns around $90,000.00 a year compared to my $30,000 a year. I left him because he became an extremely heavy drinker and that was EVERY NIGHT! Anyway, can I go for spousal support? Am I entitled? I've heard so many different stories and I'd like to know for sure. I would like to go to school and get a better education so I can earn more money, I can't make it every month without someone helping me out. I want to file and need to know if this is an option for me. Please advise.

My response:

Unless you are disabled, or have been out of the work-force for an extremely long period of time, the likelihood of spousal support will be a long shot - - especially when you are earning $30,000.00 per year. You may, however, be granted temporary support, or a small, one-time, lump sum. This is due to the fact that you have a "short term" marriage (anything under 10 years is considered "short term").

In fixing a temporary spousal support amount, trial courts are not restricted by any set of statutory guidelines. Subject to the general yardstick of "need" and "ability to pay," the amount of the award lies within the trial court's sound discretion

Despite the "status quo" purpose of temporary spousal support orders, most courts recognize that, as a practical matter, it costs more to maintain two households than one.

Therefore, even when the circumstances warrant temporary spousal support, as a "needy" person, I don't want you to be misled into thinking the award must or will be sufficient to keep you maintained in accordance with the preseparation marital lifestyle (albeit, on a temporary basis). Both of you may have to make downward adjustments in your standard of living; and, in any event, a temporary spousal support award is no indication of the amount that may be awarded as "permanent" support after trial.

IAAL