In Arizona, spousal maintenance, commonly known as alimony, is financial support that one spouse may be ordered to pay after a divorce to the other spouse who may not be self-sufficient. Arizona's spousal maintenance guidelines do not provide a strict formula for determining the exact amount and duration of payments. Instead, the court assesses each case individually by weighing a series of factors.

The court must determine whether a spouse qualifies for maintenance before the amount and duration of the award are considered,. Under Arizona Revised Statutes § 25-319, the spouse seeking maintenance must meet one or more of the following criteria:

1. Lack of sufficient property to meet their reasonable needs after the divorce

2. Inability to be self-sufficient through appropriate employment, or the need for time or education to gain skills to become self-sufficient

3. Contribution to the education or career of the other spouse during the marriage

4. Length of marriage and whether the spouse seeking maintenance is of an age where it would be difficult to gain employment

5. Custody of a child whose age or condition makes it inappropriate for the custodial parent to seek employment outside the home

Once eligibility for maintenance is established, the court considers the following factors in determining the amount and duration of the award:

• The standard of living during the marriage

• The duration of the marriage

• The financial resources and earning ability of both spouses

• The contributions of the spouse seeking maintenance to the household or the career of the other spouse

• The ability of the paying spouse to meet their own financial needs while paying maintenance

• The age, physical, and emotional condition of the spouse seeking maintenance

• Time needed for the receiving spouse to acquire skills or education to support themselves

• Any excessive or abnormal expenditures by either spouse during the divorce process

Spousal maintenance calculations often take into account the family size and the respective needs of each spouse. The court will also consider child support obligations, as the paying spouse may be responsible for both child support and spousal maintenance.

Courts often set the duration of maintenance to reflect the length of the marriage. For marriages of 10 to 20 years, the award might last for one-third to one-half of the marriage’s length. For longer marriages, maintenance awards may last substantially longer, depending on the receiving spouse’s ability to become self-supporting or to qualify for retirement benefits.

If you are facing divorce in Arizona, an experienced family law attorney can help you understand and preserve your rights concerning spousal maintenance.

Clark & Schloss Family Law, P.C. in Scottsdale, Arizona dedicates its practice to family law, including all aspects of divorce. We have a wide range of experience in the field. Please call 602-789-3497 or contact us online for a free initial consultation.