Can I collect extra spousal support if I'm disabled in Arizona?

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Question:

Can I collect extra spousal support if I'm disabled in Arizona?

Answer:

Arizona allows for spousal support to be paid by either a husband or a wife to the other spouse, should the circumstances make payment of support appropriate. There are a number of factors that may be considered in determining both whether spousal support is appropriate and in what amounts. One of those factors may be that one spouse is disabled. Spousal support if disabled in Arizona is more likely to be granted, and is more likely to be permanent rather than temporary. The amount of spousal support ordered will also be based on the income of both the person paying the alimony and the person receiving the alimony.

Under Arizona law, spousal support is appropriate when:

  • One spouse doesn't have the assets to provide for his own needs
  • One spouse can't get a job to support himself in a standard similar to the standard enjoyed during the marriage, because of his own disability or because of the need to care for a child
  • One spouse paid for or otherwise helped to provide educational opportunities for the other spouse
  • The two parties were married for so long that the non-working spouse would not reasonably be able to re-enter the employment arena to provide for him or herself. 

As such, if your disability in some way prevents you from working or from making enough money to support yourself in a manner similar to the quality of life you had during the marriage, then the court may be more willing to grant you permanent support and sufficient support to allow you to maintain the lifestyle you had been leading. 

Alimony is, however, a complicated issue and every situation is different. It is imperative you consult with a lawyer to find out what the likely result of your divorce and support settlement will be so you can prepare for the future. 

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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