According to azeconomy.org, the Grand Canyon State ranks low on “pecuniary measures of the standard of living.” However, many hard-working residents still manage to maintain affluent lifestyles. In 2021, Progress Arizona reported that the 11 billionaires residing in Arizona had increased their wealth by 161% during the pandemic. The number of millionaire households in this state is also rising, and these families tend to enjoy luxuries like expansive mansions, frequent vacations, and access to excellent healthcare. Divorcing spouses should know that this high standard of living could affect alimony. An experienced divorce attorney in Arizona may be able to explain this relationship in more detail, and they may also help spouses approach alimony with confidence. Those who wish to continue discussing this subject can call Sullivan Shick PLC at (480) 605-4880, or call our Glendale location at (623) 915-0944.
Arizona Family Courts Will Consider Your Standard of Living
When approaching spousal maintenance (alimony), courts in Arizona consider the standard of living enjoyed by the spouses during their marriage. This is outlined by the Arizona Legislature, which provides a list of factors relevant to alimony. The first factor in this list is the “standard of living established during the marriage.”
In other words, Arizona family courts strive to help dependent spouses avoid rapid declines in their standards of living after divorce. The purpose of alimony in Arizona is help spouses transition to single life and become self-sufficient once again. They may grant alimony to a spouse who initially struggles to earn enough income after the divorce. They might also grant alimony to a spouse who walks away from the marriage with much less property than their ex. In addition, spouses who gain custody of small children may receive alimony since their childcare duties tend to make employment difficult. Finally, a spouse who sacrifices their own earning capacity to help their partner advance in their career or education may also receive alimony. For example, a spouse might act as a stay-at-home parent or homemaker so that their partner can work full-time and advance their mutual standard of living.
How Do Arizona Courts Define “Standard of Living”
Arizona courts define standards of living by assessing various aspects of the lifestyle during marriage. First, courts may examine their home – considering factors like square footage, features, the age of the building, and much more. They might also consider the market price and whether the home is in a wealthy or desirable neighborhood. Luxury vehicles could reflect a high standard of living, especially when purchased outright. Courts may consider how often the spouses ate out at restaurants, or how often they purchased new clothes. Aside from the frequency of shopping trips, courts could consider the brand or price of the purchased clothing.
Healthcare may be particularly relevant when determining alimony in an Arizona divorce. In the United States, access to high-quality healthcare reflects considerable wealth in the family. This extends not only to the spouses, but also their children. Finally, courts may consider things like jewelry and luxurious vacations. Based on all these factors, the courts will determine whether the family had a high, average, or low standard of living during marriage.
A High Standard of Living Does Not Necessarily Indicate Wealth
Spouses should know Arizona courts do not necessarily equate a high standard of living with a high level of wealth. Many spouses live beyond their means, potentially accumulating considerable debt to fund an unsustainable lifestyle. Although family courts often strive to help dependent spouses maintain their prior standards of living, this may not be possible due to financial realities. For example, a spouse who funded lavish vacations and luxury vehicles with multiple credit cards cannot realistically pay enough alimony to help their ex maintain the same standard of living after divorce. The necessary money to fund this high standard of living may simply not exist.
Conversely, many couples live below their means. A frugal spouse may prefer to save their money for investments and financial security. As a result, they may drive a second-hand car and live in a small apartment – despite having enough wealth to fund a much more luxurious lifestyle. In this situation, a dependent spouse may struggle to pursue enough alimony to fund a high standard of living. Arizona courts only consider the actual standard of living established during marriage, and not the standard of living that is possible based on the family wealth.
Spouses Can Negotiate Their Own Alimony Agreements
Instead of letting family courts assess their standard of living, spouses may negotiate their own alimony agreements in private. These alternative dispute resolution (ADR) methods might include mediation, arbitration, or collaborative law. Often, spouses have a deeper understanding of their lives than family court judges, who may only spend a few minutes reviewing case files before presiding over the case. As long as they negotiate in good faith, spouses can agree upon a fair amount and duration for alimony that maintains the prior standard of living.
Of course, spouses may also forfeit their right to receive alimony in exchange for something else of value during these private negotiations. For example, a dependent spouse might agree to forgo alimony in exchange for one of the luxury vehicles. They may also accept lump-sum alimony or a greater share of the family home when it sells. These uncontested divorces generally allow for greater flexibility and control compared to litigation, and this approach may be worth discussing with Sullivan Shick PLC.
Approach Alimony Confidently With Sullivan Shick PLC
While the standard of living enjoyed by a couple in marriage could affect alimony, this is not the only factor worth considering. Family courts in Arizona assess many other aspects of the marriage when approaching alimony, including disabilities, marriage duration, and income. Spouses may find it helpful to discuss the “bigger picture” alongside an experienced divorce attorney in Arizona. During a consultation, it may be possible to assess the specific circumstances of each marriage, and this might provide more accurate insights into future alimony outcomes. To take the next step beyond online research, consider contacting Sullivan Shick PLC at (480) 605-4880, or call our Glendale location at (623) 915-0944.