In Arizona, spousal maintenance (alimony) is often a significant issue in divorce proceedings. With the adoption of new state guidelines in 2023, the process for courts to determine support has become more formulaic and structured. While this can provide a measure of predictability, many couples find that mediation offers a preferable path, enabling a more nuanced and tailored solution than what a court might impose.

The 2023 Arizona spousal maintenance guidelines were adopted to standardize awards, increase consistency and limit judicial discretion. The guidelines call for a formula-driven approach — after determining eligibility (based on factors like lack of sufficient property or inability to self-support), courts use calculators drawing on the length of marriage, income disparity and available resources to set both the amount and duration of spousal maintenance. The result is a recommended range of awards that narrows the court’s latitude. Although courts can deviate from the guidelines based on special circumstances, such deviations must be evidence-based, making the process more rigid and less flexible.

Mediation provides an informal forum where the spouses, with the aid of a neutral mediator, can discuss and come to terms on a maintenance award based on such factors as:

1. Career sacrifices and homemaking contributions — For example, if one spouse put a career on hold to raise children or manage the household, mediators can help both parties acknowledge these sacrifices and incorporate that understanding into the support arrangement—without being overly constrained by the guideline formula.

2. Age, health and employability — The guidelines broadly consider age and health, but in mediation, parties can delve deeper into the specific realities one might face, such as chronic illness, employability challenges or retraining needs.

3. Standard of living and lifestyle expectations — Judicial determinations tend to average out lifestyle considerations. In mediation, the spouses can address the standard of living holistically and agree on incremental support reductions, continued payment for certain expenses or temporary adjustments to allow one spouse to acclimate to new circumstances.

4. Future earning potential and education plans — Mediation allows couples to negotiate support reflecting future education or licensing required for employment. A mediated agreement may set benchmarks, link maintenance to progress in education or job training, or provide for periodic reviews—things courts rarely do due to administrative limitations and guideline rigidity.

5. Tax implications and creative structuring — Spousal maintenance can have meaningful tax consequences that courts, bound by statutory structure and guidelines, may be reluctant to approve or even consider. Mediation can foster more creative solutions, such as lump-sum payments, splitting retirement accounts in lieu of ongoing support or shifting payments to maximize tax efficiency. 

6. Temporary support already paid or informal arrangements — If one spouse has paid for the other's needs during separation or has made informal transfers, mediation can account for these contributions in designing the final maintenance plan, thereby preventing double-dipping and facilitating off-the-record credits.

7. Emotional dynamics and power imbalances — Mediation can address emotional undercurrents and power imbalances in ways the adversarial process cannot. A skilled mediator can ensure both parties are heard and that sensitive issues are approached constructively, helping the parties arrive at a fair outcome they both accept.

Additionally, mediation enables creative bartering. Spouses may partially exchange support for other benefits — for example, increased parenting time or a larger share of marital property. This flexibility is less likely in court, where the process is more formulaic and focused on conformity to guidelines.

An experienced Arizona divorce attorney can explain how mediation might be of benefit in your specific situation. Your attorney can prepare you for the process, conduct negotiations and work for an agreement that is fair and tailored to your unique needs. 

The attorneys at Clark & Schloss Family Law, P.C. in Scottsdale can help you to obtain a fair alimony arrangement, whether you are the recipient or the payer. Call 602-789-3497 or contact us online today for a consultation.