An Honest And Smart Approach To Family Law

Is spousal maintenance available in Arizona?

If you are going through a divorce, especially if you have a high net worth or income (or your spouse does), you may be concerned about spousal maintenance, otherwise known as alimony. And, this can be because you are concerned about paying or concerned about surviving without your spouse’s income.

When it is awarded

To be clear, in Arizona, spousal maintenance is not guaranteed. Family law courts must determine that it is appropriate in the case, which depends on several factors. First, the court will weigh the available resources of one spouse against the needs and ability of the spouse seeking an award. The ability of the spouse to earn is considered through their education, work experience, ability to get education, etc.

The judge will also look at the contributions made by each spouse to the marital estate and to each other. This is in addition to the length of the marriage, the age of the spouses, etc.

Children as a factor

If there are children as part of the divorce, that can be factored in as well. Of course, the child support and spousal maintenance determination are separate. However, the age and/or condition of the child or children could make it impractical or impossible for the spousal maintenance seeking spouse to attain employment.

If it is appropriate

If the court decides that it is appropriate, the amount and duration are another determination made by the court. The judge will use many of the same factors used in determining whether spousal maintenance was warranted. This includes the marriage’s length, employment history, standard of living, children, etc.