Spousal maintenance, known as alimony in Arizona, may be a highly contested matter in a divorce. As a result, having an experienced spousal maintenance attorney in Arizona at Provident Law® review your situation is wise. We can determine your rights regarding receiving or paying spousal maintenance and help you reach the best possible outcome in your divorce case.
Defining Spousal Maintenance in Arizona
Spousal maintenance or support is a court order that requires one party to regularly pay a set amount of money to the other party. A spousal maintenance order usually has a set timeframe, although some orders for spousal maintenance are indefinite.
A.R.S. 25-319 governs spousal maintenance in Arizona divorces. The purpose of spousal support is for either party to enjoy financial stability after separation until they can become self-sufficient. Either party can ask for spousal maintenance from their spouse, regardless of gender.
Types of Spousal Maintenance Orders
Arizona law provides three general types of spousal maintenance orders: temporary, fixed-term, and indefinite orders.
Temporary Orders
Temporary spousal maintenance orders may be issued during a divorce if the petitioning spouse has not been employed for a period before the parties separated. A temporary order ends once the court enters a final spousal maintenance order or an order terminating spousal maintenance altogether.
Fixed-Term Orders
A fixed-term order gives the petitioning spouse time to become self-sufficient. This type of order is rehabilitative, which may allow spouses to get additional education or job training to earn an adequate living.
Indefinite-Term Orders
Arizona spousal maintenance awards are not lifetime awards. However, a court may issue a spousal support order for an indefinite period in two circumstances: 1) if the petitioning spouse has a permanent disability; 2) if extraordinary circumstances prevent the petitioning spouse from self-support; or 3) if the petitioning spouse meets the rule of 65.
The rule of 65 allows a court to decide whether a spousal maintenance award should last more than eight years or the normal range of a spousal maintenance award. This rule only applies if all three of the following factors are present:
- The petitioning spouse is at least 42 years old;
- The marriage lasted at least 16 years; and
- The age of the petitioning spouse + length of marriage is equal to or greater than 65.
Factors Affecting Spousal Maintenance Orders
Eligibility for and calculation of spousal maintenance is separate from other issues in a divorce, including the division of assets of debts and issues related to minor children. However, various factors can impact the nature of a spousal maintenance order, including the following:
- The age of the petitioning spouse and the duration of the marriage;
- The ability of the petitioning spouse to work and obtain health insurance coverage;
- Whether care for a disabled or ill child may cause the petitioning spouse to be unable to work outside the home or work full-time;
- The financial status of the petitioning spouse after the division of assets in the divorce; and
- Any health concerns of the petitioning spouse that may make it more difficult to work.
Arizona law provides no entitlement to spousal support for either party. In other words, a spouse is never guaranteed a spousal maintenance award. If the calculated amount of spousal maintenance is “inappropriate or unjust,” the court may not award it.
Calculation of Spousal Maintenance Orders
Several different issues affect how spousal support is calculated. Relevant issues include:
- Family sizes, including both spouses and dependent children;
- Actual income aside from child support received for a shared child and any assets or debts received in the divorce;
- Attributed income, if necessary, to determine a spouse’s earning capacity based on their education, training, and experience; and
- Average monthly expenses for each household after separation.
Duration of Spousal Maintenance Orders
Generally, under the Spousal Maintenance Guidelines, spousal maintenance orders should last between 12 and 96 months (one to eight years). However, as aforementioned, the Guidelines contain a few exceptions to the typical duration of a spousal maintenance award.
The duration of spousal maintenance orders is based on the time the court believes the petitioning party will need to become self-sufficient. Furthermore, other factors may impact the duration of a spousal maintenance order, such as the length of the marriage, the petitioning party’s age, both parties’ expected long-term earning capacities, and both parties’ health.
Modifying Spousal Maintenance Orders
Under A.R.S. 25-327, either party can ask the court to modify a spousal maintenance order if circumstances change substantially enough to justify a modification. A modification could affect the amount of spousal maintenance, the duration of the spousal maintenance order, or both.
For instance, retirement or health issues of the paying party could affect a spousal maintenance order. If the petitioning spouse remarries, spousal maintenance terminates. Likewise, spousal maintenance orders terminate at the death of either party.
Contact Us for Assistance with Your Spousal Maintenance Issue Today
Even relatively simple divorces can become unexpectedly complex when one party seeks spousal maintenance. You will find the advice and guidance you need from a divorce attorney in Arizona at Provident Law®. Our lawyers have decades of combined legal experience representing clients in divorce and family law cases. Contact a dissolution of marriage lawyer today by calling (480) 388-3343 or reach out to us online to schedule a time to see what we can do for you.