10
Jul

Spousal Maintenance in Arizona

If you or someone you know is currently or about to be involved in a divorce action, it is likely that you will hear the person mention the term, “spousal maintenance”. In different states, spousal maintenance is often referred to as “alimony”.  Spousal maintenance is what a Court orders one spouse to pay to the other during and/or after the divorce proceeding. Spousal maintenance is often a source of contention during a divorce because unlike child support in Arizona, the judge does not use a guideline calculator to determine how much (if any) spousal maintenance should be awarded to a spouse.

Under Arizona law, a judge is not required to award spousal maintenance to either spouse. The decision to award spousal maintenance is left to the sole discretion of the judge after taking into account various factors and applying the facts. The issue of spousal maintenance is a two-part test for the Court. The judge must determine:

(1) Whether either spouse is eligible to be awarded spousal maintenance; and

(2) If the spouse is eligible, how much and for how long the spouse should receive in spousal maintenance.

A.R.S. § 23-319 is the Arizona statute law governing spousal maintenance. The statute contains all of the factors a court will consider before deciding a spousal maintenance issue. To determine whether a spouse is entitled to spousal maintenance, the court will consider factors like whether a spouse lacks sufficient property to provide for his/her reasonable needs, whether he/she lacks earning ability in the labor market, and whether he/she contributed to the educational opportunities of the other spouse. In order to determine the amount and duration of spousal maintenance, the court will look at (among others), the duration of the marriage, the standard of living established during the marriage, the age, and the emotional condition of the spouse seeking maintenance.

In Arizona, spousal maintenance is not a science. A judge listens to evidence and applies certain factors the Arizona legislators have deemed important in his or her determination. The judge is also free to give one factor more weight compared to others. That is one reason why it is important to seek legal advice from an experience family law attorney when involved in a dissolution of marriage case.

If you or someone you know have questions about spousal maintenance, or family law in general, contact our office to schedule free consultation with one of our attorneys at (602)230-1393 .