Divorce often brings financial challenges, especially when one spouse has a disability. Arizona courts address these situations with care, aiming to balance fairness with the specific needs of each case.
What is spousal support?
Spousal support, or alimony, provides financial help from one ex-spouse to another after divorce. Arizona doesn’t automatically grant spousal support. Instead, courts decide based on several factors:
- Marriage length
- Each spouse’s financial resources
- Marital standard of living
- Age and health of both parties
- Paying spouse’s ability to meet their own needs while providing support
When disability enters the picture, these factors gain extra weight in court decisions.
Disability’s impact on support decisions
Arizona courts consider these disability-related aspects:
- Earning ability: A disability that limits work capacity may lead to higher or longer-term support.
- Medical costs: Ongoing healthcare expenses related to the disability factor into support calculations.
- Future outlook: Courts assess the disability’s long-term effects on earning potential.
- Social security: Disability benefits may count as income when figuring support amounts.
- Caregiver role: If the non-disabled spouse acted as a caregiver, courts might consider their lost career opportunities.
Each case differs, and Arizona courts aim to find a fair balance while meeting the disabled spouse’s needs.
Arizona law doesn’t guarantee spousal support for disabled individuals, but it does recognize disability as a significant factor. Both parties should work with their lawyers to present all relevant information to the court. This approach helps ensure a fair support decision that addresses disability-related needs within the context of the marriage and divorce.
If you face a divorce involving disability in Arizona, seek legal advice. A lawyer familiar with Arizona family law can guide you through the process and help present your case effectively to the court.