Alimony, also called spousal maintenance in Arizona, is payment from one spouse to the other following a divorce or legal separation. Spousal maintenance is designed to limit the negative financial impact of a divorce by providing financial support to a spouse who cannot meet their reasonable expenses on their own. The amount and duration of spousal maintenance is determined by several factors listed below.
Governed by Arizona Revised Statute § 25-319, Arizona follows a two-step inquiry to determine spousal maintenance:
- Whether the spouse is qualified for spousal maintenance.
To determine whether the spouse is entitled to spousal maintenance, these factors are considered:
- Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse’s reasonable needs.
- Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient.
- Has made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse.
- Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient.
- Has significantly reduced that spouse’s income or career opportunities for the benefit of the other spouse.
If the spouse qualifies for spousal maintenance, then it is followed by the second inquiry:
- How much the spouse should receive and for how long?
The maintenance order shall be in an amount and for a period of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors, including:
- The standard of living established during the marriage.
- The duration of the marriage.
- The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance.
- The ability of the spouse from whom maintenance is sought to meet that spouse’s needs while meeting those of the spouse seeking maintenance.
- The comparative financial resources of the spouses, including their comparative earning abilities in the labor market.
- The contribution of the spouse seeking maintenance to the earning ability of the other spouse.
- The extent to which the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the benefit of the other spouse.
- The ability of both parties after the dissolution to contribute to the future educational s of their mutual children.
- The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet that spouse’s own needs independently.
- The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.
- Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
- The for the spouse who is seeking maintenance to obtain health insurance and the reduction in the of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.
- All actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim.
Spousal maintenance is one of the most frequently litigated issues in family court. The judge has great discretion to award support, and how the relevant factors are presented to the court can make a significant difference in the orders that are made. Our firm has extensive experience litigating and negotiating spousal maintenance for our clients on both sides of this issue. It is imperative that your attorney understands the dynamics within your particular matter to be able to fully present all relevant factors on this highly-debated issue. As always, our goal is to reach an agreement without the necessity of litigation. However, if that is not possible, we are ready to argue the matter before the court to ensure that your position and supporting facts are skillfully presented.