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Ask a Lawyer: After splitting assets is spousal support required?

Monday, 29 November 1999 18:00

Question:

I retired 6 years ago and we have lived on income derived from assets on a quarterly basis. Every quarter we draw money off the assets for living expenses. So, we are dividing the assets and liabilities equally. Since neither one of us is working do I have to pay spousal support to get a divorce?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Arizona. Generally spousal support depends upon various factors: length of marriage, ability to earn income of both parties, ability to be employed, expenses, etc. So, if your spouse is unable to support herself and you do not use all of your income, then it is a possibility. However, there are many factors and you may be able to minimize your risk.
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