Determining Alimony Or Spousal Maintenance In Arizona

Last updated on April 4, 2025

In Arizona, courts will sometimes award spousal maintenance in a divorce, also known as spousal support or alimony. Deciding if one spouse will pay and how much is often a point of contention in a divorce.

At Duenas Eden Cravatta, PLC, in Phoenix, we will help you understand Arizona law as it applies to your divorce and advocate for your best interests and a fair resolution in your case. Whether you are advocating for spousal maintenance or worried about having to pay it, we will focus on helping you resolve your legal conflicts. Working closely together to find the best solution for your needs, we will help you through a negotiation to reach a settlement or advocate on your behalf in court to protect your rights.

Seasoned Legal Guidance Through Spousal Maintenance Negotiations

We will work with you to analyze your spousal maintenance situation. Among other things, we can help you with:

• The five-part spousal maintenance qualifying test
• The 13 factors considered to determine how much spousal maintenance is awarded and for how long
• Modifications
• Enforcement

In addition, spousal maintenance issues can often involve difficult family dynamics. With more than 60 years of combined experience, we employ a number of strategies for managing and navigating those dynamics, even in emotional circumstances.

As your divorce lawyers, you can count on us to provide candid advice. As part of our personalized approach, we will help you understand exactly where your case stands and how to move forward. We also communicate with you frequently. We can explain the legal process to you when it comes to difficult questions regarding spousal maintenance so you see how the general law applies to your unique circumstances.

Factors Arizona Courts Consider To Determine If A Spouse Should Receive Support

In Arizona, courts consider several factors to determine if spousal maintenance is appropriate. First, the court assesses whether the spouse seeking maintenance lacks sufficient property to provide for their reasonable needs. If that is the case, the court will then consider factors such as:

• The standard of living established during the marriage
• The length of the marriage
• The earning ability of the spouse seeking maintenance

The court will also consider whether one spouse contributed to the other’s education or career. As experienced divorce attorneys, we can help you assess your specific circumstances and help you better understand if spousal maintenance is appropriate in your divorce.

The Arizona Spousal Maintenance Calculator

Recently, Arizona’s divorce laws have added and implemented a spousal maintenance calculator to help determine how much support should be awarded in a divorce case. Using a standard formula that takes many different factors into account, the spousal maintenance calculator helps ensure that divorce courts order fair and accurate spousal support in divorce proceedings. These factors include:

• The requesting spouse’s reasonable needs
• The other spouse’s ability to pay
• The length of the marriage
• The standard of living established during the marriage
• The age of the spouses
• The health of each spouse
• The financial resources of each spouse

The goal in awarded spousal maintenance is to provide financial support while the spouse becomes financially independent and more self-sufficient. How long a spouse will be awarded support can depend on how long it will take to achieve this goal. Spousal support can help provide financial stability to a spouse as they learn new job skills, education or training.

Understanding Rule 65 And How It Applies To Spousal Maintenance In A Divorce

Rule 65 of the Arizona Rules of Family Law Procedure allows parties to enter into written agreements. If the parties agree on spousal maintenance, they can submit the agreement to the court for approval. If the judge approves the agreement, it becomes a binding court order. This can provide more certainty and control over the outcome than relying solely on a judge’s decision. A Rule 65 agreement regarding spousal maintenance can address the amount, duration and modifiability of the payments. As skilled divorce lawyers, we can assist you in negotiating and drafting a Rule 65 agreement that protects your interests.

Answering Your Questions About Spousal Maintenance

There is more to spousal maintenance law than most people realize. Here are some answers to frequently asked questions about alimony in Arizona. For answers to questions about your specific case, you can set up an appointment for an initial consultation with one of our spousal support lawyers.

Is there a difference between long and short marriages and if support is awarded?

The length of your marriage can potentially be a factor when the court decides whether to award alimony and the level of payment if maintenance is awarded. Another potential factor is whether one spouse gave up their career to focus on child care and homemaking to let the other spouse pursue a career. This often results in substantial maintenance.

Does the law state exactly how much alimony should be awarded?

Arizona law leaves it up to the judge presiding over the divorce to set the final spousal maintenance amount. In other words, your divorce attorney and the way they advocate on your behalf can make a huge difference on whether alimony is awarded and, if so, the amount to be paid.

What happens when financial circumstances change?

It is possible to go back to court to revisit the original maintenance order after life changes, such as a job loss, promotion or something similar. As long as the court is convinced that the change is substantial, they could agree to raise or reduce the payments, or even end maintenance altogether. If you believe that it is time for a change, or your ex is asking for a change, consult an experienced divorce lawyer for guidance and advice on how to proceed.

Consult A Phoenix Spousal Maintenance Divorce Lawyer

Schedule your initial consultation by calling our office at 480-637-0668. You can also contact us online.

Duenas Eden Cravatta, PLC, is a law firm focusing on family law in Arizona. Family law consists of divorce, spousal maintenance, child support, child custody and adoption and much more. Our office is located in Phoenix, and we serve the communities of Ahwatukee, Ocotillo, Laveen, Chandler, Tempe, Mesa, Gilbert and San Tan Valley.