Spousal maintenance (also known as alimony and spousal support) is financial support one spouse may be ordered to pay the other after a divorce or legal separation. Like most states, Arizona does not award this lightly.
Today, its primary purpose is to help the receiving spouse become self-sufficient. Success depends on filing a strong petition for spousal maintenance. It’s time to learn more.
Eligibility requirements
A spouse must meet at least one statutory criteria to qualify for spousal maintenance. Examples include:
- Insufficient property to provide for reasonable needs
- Inability to support oneself through employment
- Significant contributions to the other spouse’s education or career
Eligibility is a threshold requirement. If not met, the court will not proceed with spousal maintenance determinations.
Calculating the award
If eligible, the court uses the Spousal Maintenance Calculator to determine an amount range based on factors like income, family size and housing costs. The court may deviate from this range if it finds the result unjust, but it must provide written findings explaining the deviation.
Determining duration
Duration depends on how long it will take the receiving spouse to become self-sufficient. Standard ranges apply depending on marriage length, with longer marriages often yielding longer support periods. The “Rule of 65” may allow courts discretion if age plus marriage length equals 65 or more.
Modifying spousal maintenance
Spousal maintenance may be modified due to substantial and continuing changes in circumstances, like a significant income drop or a medical issue affecting earning capacity. Temporary maintenance orders may also be issued during court proceedings to address a spouse’s immediate financial needs and stability.
Spousal maintenance involves complex legal and financial considerations. Having experienced legal guidance can improve your chances of a successful petition.