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Alimony
Gilbert, Arizona Alimony Attorney
Whether you're seeking support or responding to a claim, our Gilbert AZ alimony attorney advocates for fair spousal maintenance outcomes, with compassionate, aggressive representation that protects your financial future.
Fighting for a fair financial outcome
Arizona courts weigh factors like the length of the marriage, each spouse's earning ability, and the standard of living established during the marriage when deciding alimony. As your Gilbert AZ alimony attorney, we build a clear financial picture of your case and advocate for an outcome that reflects your actual circumstances.
Before a court will even consider an alimony award, Arizona law requires the requesting spouse to first qualify under one of several statutory grounds — for example, lacking sufficient property to provide for their reasonable needs, being unable to support themselves through appropriate employment, having a marriage of long duration and being of an age that may make finding employment difficult, or having contributed significantly to the other spouse's education, training, or career advancement.
Whether you're requesting support after a long marriage or responding to a request you believe is unfair, we bring the same direct communication and aggressive advocacy to every case. Contact McWhorter Law Firm today to schedule a consultation.
What courts consider once you qualify
Arizona doesn't use a fixed formula for alimony the way it does for child support — judges have significant discretion, guided by factors including:
Length of the marriage
Longer marriages more often result in an award, and can support longer support durations.
Standard of living during the marriage
Courts consider what lifestyle the marriage established, and whether the requesting spouse can maintain something reasonably comparable.
Each spouse's earning ability and age
Including education, employability, and time needed to gain skills or experience needed for appropriate employment.
Contributions to the marriage
Including time spent as a homemaker or caregiver, and financial or non-financial support of the other spouse's education or career.
Financial resources of both spouses
Including property awarded in the divorce, each spouse's ability to meet their own needs, and comparative financial condition after the divorce.
Modifying or enforcing an alimony order
Alimony orders generally can be modified if there's been a substantial and continuing change in circumstances since the order was entered — a job loss, a significant income change, retirement, or the receiving spouse remarrying, for example — unless your decree specifically states the award is non-modifiable. We can evaluate whether your situation supports a modification request, in either direction.
If your ex-spouse has stopped paying court-ordered alimony, we can help you pursue enforcement, which can include wage garnishment, contempt proceedings, and other collection remedies available under Arizona law.
Client Experiences
What our clients say
“
They built a clear, well-documented case for support after twenty years out of the workforce raising our kids.
— Alimony Client
“
Pushed back effectively on a request I believed was unreasonable, and got a fair outcome.
— Alimony Client
“
Helped me understand exactly what I could realistically expect before we ever went to court.
— Alimony Client
Common Questions
Alimony FAQs
Answered here in plain language, and marked up as FAQ structured data so these can surface directly in search results.
Is alimony guaranteed in an Arizona divorce?
No. A court must first find that the requesting spouse actually qualifies — for example, they lack sufficient property to provide for their needs, can't support themselves through appropriate employment, or contributed significantly to the other spouse's education or career. Not every divorce results in an alimony award.
How does Arizona calculate the amount and length of alimony?
Unlike child support, Arizona doesn't use a strict mathematical formula for spousal maintenance. Judges have significant discretion, weighing factors like the length of the marriage, each spouse's earning ability and age, the standard of living during the marriage, and what one spouse gave up (career-wise or otherwise) to support the marriage or the other spouse's career.
Does the length of my marriage affect alimony?
Yes, significantly. Longer marriages more often result in alimony awards, and can result in longer support durations, since courts recognize that a longer marriage typically means greater financial interdependence that takes longer to unwind.
Can alimony be modified after the divorce is final?
Generally yes, if there's been a substantial and continuing change in circumstances — a significant change in either spouse's income, job loss, retirement, or the receiving spouse remarrying, for example — unless your decree specifically states the award is non-modifiable.
Is alimony taxable in Arizona?
For divorces finalized after 2018, alimony is no longer deductible by the paying spouse or taxable income to the receiving spouse under federal law. We can point you toward a qualified accountant for the specifics of how this affects your situation.
What if my ex-spouse isn't paying court-ordered alimony?
You can petition the court to enforce the order, which can include wage garnishment, contempt proceedings, or other collection tools. We can help you pursue what you're owed.