In Arizona, community property division and alimony (known as spousal maintenance) often intersect during divorce proceedings, influencing one another in significant ways. Understanding this interplay is important for anyone facing challenges in resolving divorce issues.

Arizona is a community property state. With a few exceptions, most assets and debts acquired by either spouse during marriage belong equally to both spouses. When a couple divorces, there must be a determination of what is community property and what is separate property. Community property includes wages, real estate, vehicles, bank accounts, retirement accounts and other property gained during the marriage. Separate property includes assets owned before marriage or acquired by gift or inheritance by one spouse.

The court’s goal is to divide the community property "equitably," which, in Arizona law, typically means an equal split unless special circumstances justify an uneven division. Factors influencing this decision include the length of the marriage, each spouse’s economic circumstances, contributions to the marital estate (including homemaking) and any agreements between the spouses. 

After dividing property, the court evaluates whether spousal maintenance is appropriate. This provides financial support to a spouse who is unable to meet their reasonable needs post-divorce. Arizona law lists several factors for awarding maintenance, such as a spouse’s inability to be self-sufficient, contributions made to the other spouse’s education or career and the parties’ health and age.

An award of maintenance is not intended to offset an unequal division of property. However, the outcome of the property division can influence the court’s analysis regarding alimony. If the less financially secure spouse receives a greater share of liquid or income-producing assets — such as bank accounts or investment properties — they may have sufficient means to support themselves, reducing the need for alimony. For example, if one spouse is awarded a rental property that generates significant monthly income, the court might decide that additional financial support is unnecessary.

Conversely, if a spouse receives fewer resources in the property division or has limited earning potential due to age, disability, or lack of marketable skills, spousal maintenance can serve to balance financial disparities. The court may award alimony to help the lower-earning spouse transition to self-sufficiency or maintain a standard of living closer to that enjoyed during the marriage.

Retaining a skilled Arizona divorce lawyer can help ensure that assets are classified and valued correctly, that property is divided fairly and that all relevant circumstances are presented to the court when seeking or contesting a claim for maintenance. By understanding the interaction between these two aspects of divorce, individuals can better protect their financial interests and achieve a fair outcome.

Clark & Schloss Family Law, P.C. in Scottsdale offers Arizonans full representation in divorce matters, handling all issues including alimony and property division. Call us at 602-789-3497 or contact us online to set up a consultation.