Arizona Spousal Maintenance - Alimony

While most people know what Alimony is, Arizona has a legal term for it and they call it Spousal Maintenance.  Spousal Maintenance in Arizona is considered to be rehabilitative in nature.  Spousal Maintenance is usually awarded during the Temporary Orders hearing during divorce proceedings and can continue for a fixed period of time when the Final Orders for divorce are issued.   It is usually awarded in marriages of long duration where one spouse has been the primary financial earner and the other spouse does not have the ability to provide for themselves financially at the time the divorce is filed.  Unlike Child Support, which is governed by the Arizona Child Support Guidelines and makes use of the Arizona Child Support Calculator to determine the amount to be paid and the length of time to pay, Spousal Maintenance has no firm and clear guidelines.  Spousal Maintenance is governed by Arizona Revised Statute 25-319 and is awarded at the discretion of the judge who is presiding over the divorce.

Factors that are considered for someone seeking Spousal Maintenance are the length of the marriage and the standard of living the couple enjoyed while married.  Another area examined is the ability of the spouse seeking Spousal Maintenance to support themselves and the time, training and education required for that person to become financially self-sufficient.  The final area looked at is the age, physical health and mental health of the parties involved.  Seeking the advice of an experienced Arizona Spousal Maintenance Attorney when seeking, or being asked to pay, Spousal Maintenance is the best possible opportunity to protect your rights and receive the judgment you are seeking.

Spousal Maintenance can be paid in a lump sum or in monthly installments.  This can be determined by mutual agreement by the couple or can be ordered by the court in cases where there is dispute.  Spousal Maintenance is always temporary in nature and designed to be a rehabilitative tool to aid one member of the marriage in attaining financial self-sufficiency.

Spousal Maintenance ARS 25-319 Eligibility

Under ARS 25-319, a person is eligible for Spousal Maintenance if any of the reasons outlined below are true for the spouse seeking maintenance.

• ·         lacks sufficient property to provide for the spouse’s needs.
• ·         is unable to be support ones self-thorough appropriate employment.
• ·         is the custodian of a child whose age or condition is such that the spouse should not be required to work or lacks earnings ability.
• ·         contributed to the educational opportunities of the other spouse.
• ·         had a marriage of long duration and is of an age that precludes the possibility of gaining adequate employment to be self-sufficient.