What Financial Support Is Available While a Divorce is Pending?

In Arizona, the process of divorce can take several months to resolve, during which time the financial and living arrangements of both spouses can be uncertain and stressful. To address the needs of spouses and children during this interim period, Arizona law provides for various forms of temporary support that may be awarded from the time a divorce is filed until it is finalized. These temporary orders are intended to maintain stability and fairness until a final settlement or judgment is reached.

The following types of temporary support may be available during an Arizona divorce:

  • Temporary spousal maintenance (alimony) — This is designed to provide financial assistance to a spouse who is unable to meet their reasonable needs while the divorce is pending. The court may grant temporary maintenance based on several factors, including the financial need of the requesting spouse and that spouse’s inability to be self-sufficient through appropriate employment. Temporary spousal maintenance can help that spouse with living expenses, training or job searches until the divorce is complete and permanent arrangements are in place.

  • Child support — If the divorcing couple has minor children, the court may order temporary child support to ensure the children's needs are met during the pendency of the divorce. This helps cover essentials such as housing, food, clothing, medical care, and educational costs. Arizona's child support guidelines and both parents’ incomes typically guide the amount ordered.

  • Access to community assets and property — A spouse may request temporary orders to access community assets, such as joint bank accounts, vehicles, or other property. This ensures both parties can meet their day-to-day expenses and obligations. Courts may require spouses not to dispose of or transfer community property until the divorce is finalized, and may grant a spouse partial or exclusive use of certain assets as needed.

  • Exclusive use of the family home — In cases involving safety concerns, conflicts, or to provide stability for minor children, the court can grant one spouse (and possibly the children) to remain in the marital residence while the divorce is pending, helping prevent disputes or discomfort between the spouses sharing a space.

To receive any form of temporary support, a spouse must file a motion for temporary orders. The court will schedule a hearing, where both parties present evidence and arguments regarding the requested support. The judge will then decide whether to grant the support, in what amount, and under what conditions. The resulting orders remain in effect until the divorce is final or unless modified.

If you are filing or responding to a request for temporary support, it is advisable to have the assistance of an experienced divorce attorney who can help ensure your rights are protected and present your case effectively to the court.

The attorneys at Clark & Schloss Family Law, P.C. in Scottsdale helps with temporary financial arrangements between spouses while a divorce is pending. Call 602-789-3497 or contact us online today to arrange a consultation.