Spousal maintenance, often called alimony, can create long-term financial obligations after a divorce. In Arizona, courts award spousal maintenance based on a number of factors, including the length of the marriage, financial needs, and each spouse’s ability to support themselves. If you’re worried about being ordered to pay support, the good news is that there are legal ways to protect yourself. With smart planning and the right approach, we can help you limit your exposure and plan for a more secure future.
Use a Prenuptial or Postnuptial Agreement
One of the best ways to address spousal maintenance before it ever becomes an issue is by signing a prenuptial agreement. A prenup allows both parties to decide ahead of time whether either spouse will be entitled to support, and if so, how much and for how long.
Even if you’re already married, a postnuptial agreement can achieve the same goal. This document is signed after marriage but works much like a prenup when it comes to setting terms for a possible divorce.
For these agreements to hold up in court, a few important steps must be followed:
- Both parties should have their own attorneys to review the agreement.
- The terms must be fair to both sides.
- Neither party should be pressured or forced to sign.
Taking care of these details gives you the strongest possible protection if you ever find yourself facing divorce.
Smart Settlement Strategies During Divorce
If you are already going through a divorce, settlement strategy becomes key. In many cases, reaching a fair agreement outside of court can reduce or eliminate spousal maintenance altogether.
Some strategies we often recommend include:
- Offering a larger share of the marital assets in exchange for a waiver of spousal maintenance.
- Agreeing to a lump-sum buyout, rather than monthly payments that can stretch on for years.
- Highlighting each spouse’s ability to be financially independent during settlement discussions.
By staying proactive in negotiations, you often gain more control over the final terms of your divorce. It’s not just about fighting back—it’s about building a reasonable and fair solution that avoids unnecessary long-term obligations.
Lifestyle Considerations and Their Impact on Alimony
The lifestyle you and your spouse maintained during the marriage plays a significant role in determining spousal maintenance. Courts often look at the standard of living during the marriage when deciding if support should be awarded—and if so, how much.
If you’re concerned about future support obligations, it’s wise to keep your lifestyle modest, especially once separation is on the horizon. Showing that both you and your spouse are living within your means can make it harder for the other side to claim a need for ongoing support.
Also, if you can show that your spouse has the education, work experience, or earning potential to support themselves, it may weigh against awarding long-term maintenance.
What Not to Do: Avoiding Costly Mistakes
When emotions run high during a divorce, it can be tempting to make rash decisions. However, trying to “get around” paying spousal maintenance by dishonest means can lead to serious trouble. Some mistakes to avoid include:
- Hiding income or assets from the court.
- Quitting a good-paying job just to lower your income.
- Misleading the court about your spouse’s needs or abilities.
Judges take a hard line against these tactics. Not only can they backfire and cause you to pay more, but you might also face fines, sanctions, or other penalties. It’s always better to focus on lawful, strategic ways to limit your exposure.
Planning Ahead Can Save You
Spousal maintenance doesn’t have to be a lifelong burden. With careful planning, smart negotiation, and the right legal protections in place, you can limit or even avoid support obligations altogether.
At Cohen Family Law, we’re here to help you protect your financial future. Whether you’re planning for marriage, thinking about divorce, or already facing proceedings, we can help you find the right path forward. Contact us today to set up a consultation and get the support you need.
