I was married for a long time 15+ years, my other half has committed adultery more than once during our time of marriage. I was wondering because Arizona is a No Fault state so they dont look at "what happened" for to say, but the other half is wanting alimony because they are choosing not to work and want me still to provide. I will be paying child support on top of that. I guess I dont understand because this person is the one who went out on me, wanted the divorce and I have petitioned it and everything because I was willing to make it work for us and our kids. How can this person get everything when they are the ones who did everything to ruin it. Please help
Family Law Attorney
I am sorry to hear about your situation. You are correct that Arizona is a no fault state and your spouse's adultery will not really be used for anything. Spousal maintenance is based off a series of statutory factors. Spousal maintenance in Arizona is what is called "rehabilitative." That means the intent behind spousal maintenance is to rehabilitate the other spouse so that they become self sufficient. So the court looks at the length of the marriage, whether your spouse will have sufficient property to maintain the life style you had during the marriage, spouse's employment history, etc.
While I understand your position, the court typically focuses on the statutory factors. On the other hand, you can fight to lower the amount she will receive. I would suggest consulting with a family law attorney to go through the factors and your facts on each one to see where you stand on the spousal maintenance issue.
DISCLAIMER This answer is general information only. The information presented should not be construed as formal legal advice, nor as the formation of a lawyer/client relationship. I am an Arizona attorney and can only really speak to Arizona law. Please consult an attorney in your state for specific answers. Please refer to Avvo.com's terms and conditions.
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Divorce / Separation Lawyer
Arizona Courts are prohibited by statute from considering marital misconduct for either the division of marital property or the award of spousal maintenance. There are, however, numerous other factors that the Court will consider. The Court will first evaluate whether or not your Wife qualifies for an award of maintenance and, if so, how much and for how long. I also believe that a consultation with a family law attorney will help you understand these factors and how they apply to your specific situation.
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