What is Spousal Maintenance?

Also commonly referred to as alimony or spousal support, spousal maintenance is financial support provided by one spouse to another following the dissolution of marriage. Spousal maintenance may be provided voluntarily or court-ordered. Typically, spousal maintenance is provided by the spouse who earns a much higher income than their other soon-to-be ex-spouse. Spousal maintenance should not be confused with child support. However, the two financial support systems have their similarities and are likely to be provided by the same spouse following a divorce.

There are often disputes related to spousal maintenance in Arizona divorce cases. Sometimes, the spouse ordered by a family law judge to provide spousal maintenance feels that the order is unfair and asks for too much. Other times, a spouse who may be counting on spousal maintenance may have cause to take legal action in pursuit of spousal maintenance, including unpaid past-due spousal maintenance payments.

Whether you are looking to obtain spousal maintenance, modify spousal maintenance, or fight against court orders for spousal maintenance, it is highly recommended that you retain independent professional legal counsel. Our law firm has years of experience representing clients in complex divorce cases and in legal matters of spousal maintenance. To learn more about our legal services, please contact our Phoenix-based law office today.

Is Spousal Maintenance Guaranteed in Every Arizona Divorce Case?

Spousal maintenance (also known as alimony or spousal support) is not guaranteed in every Arizona divorce case. There are certain factors that may increase the likelihood of spousal maintenance being ordered in your divorce proceedings.

To determine whether spousal maintenance is necessary in your Arizona divorce case, a family law judge will make the following considerations:

  •         Did the potential recipient spouse forgo their own economic gain in favor of beginning the primary caregiver to their children during the marriage?
  •         Did the spouse contribute to the education or earning abilities of their ex-partner?
  •         Does the potential recipient spouse have personal property inadequate to meet their dependents’ needs?
  •         Does the prospective recipient spouse lack the skills or education required to maintain employment and be self-sufficient?
  •         Does the recipient spouse have primary or sole custody (legal decision-making) of young, ill, or special needs children?
  •         Does a spouse have the financial resources to be self-sufficient with their current income?
  •         Was the earning potential of the spouse in any way reduced to help lift up the earning potential of their ex?
  •         And finally, the longer the marriage lasts, the more likely that spousal maintenance may be ordered.

Who May Be Potentially Eligible for Spousal Maintenance in Arizona?

Before you are awarded spousal maintenance in Arizona, a family law court must decide whether you require it to meet certain standards of living.

Eligibility for spousal maintenance in Arizona divorces largely comes down to whether or not one or each spouse is able to care for themselves and meet their financial requirements after the division of marital property. If, even after the division of assets, one spouse does not have the means to provide themselves and their dependents with housing and basic daily needs, they may potentially qualify for spousal maintenance. Additional factors may be considered when weighing the decision to award spousal maintenance in a divorce case.

Those who meet the basic requirements for spousal maintenance consideration may not automatically receive spousal maintenance. Even if you qualify, your family law judge must determine whether you are entitled to receive spousal maintenance and, if so, how much financial support and for how long.

To learn more, please contact our law offices to speak with an experienced divorce attorney.

How Does Arizona Family Law Calculate Spousal Maintenance?

Spousal maintenance payments are calculated according to guidelines set forth for the family law judges overseeing such cases. There are calculators online that can help provide some insight into how much spousal maintenance a spouse stands to receive. However, these calculations are very broad and do not take into account all the necessary facts surrounding your case. For a more detailed and accurate calculation of spousal maintenance possibilities, we encourage you to contact our law firm.

If the divorcing spouses are unable to reach a mutual agreement through divorce mediation or a prenuptial agreement, Arizona family law courts are responsible for calculating the amount of spousal maintenance to be provided in your divorce case. Arizona law provides judges with computation factors to help them determine spousal maintenance payments.

Computation factors may include:

  •         Health insurance for either spouse.
  •         How long did the marriage last?
  •         How long will it take for the requesting spouse to obtain the skills needed to become self-sufficient?
  •         Property destruction during divorce proceedings.
  •         The age of each spouse.
  •         The comparative earning abilities of either spouse.
  •         The existence of excessive spending and outstanding debts on the part of one spouse or the other.
  •         The financial ability to provide for child education costs.
  •         The mental and physical abilities of each spouse.
  •         The potential of property and asset concealment in the discovery phase of divorce proceedings.
  •         The relative financial resources of either spouse.
  •         The requesting spouse’s contributions to the other spouse’s earning abilities and career trajectory.
  •         The standards of living for each spouse during the marriage.
  •         Any criminal convictions that exist for each spouse.

Is it Possible to Modify Spousal Maintenance in Arizona?

While some divorce agreements may stipulate that spousal maintenance payments cannot be modified at a later date, generally, this is not the norm.

If a mutual agreement can be reached by both spouses, it is possible to modify spousal maintenance payment agreements quickly. If, however, the two parties cannot agree to new terms, then the spousal maintenance modifications must be formally requested before a family law court. In most cases, special changes in circumstances must apply.

Contact Us for an In-Depth Case Evaluation Today

Spousal maintenance is not guaranteed in every divorce case. Whether you are fighting for or against spousal maintenance, it is highly recommended that you retain independent legal counsel to represent your interests in and out of the courtroom.

Our law firm has extensive legal experience assisting clients through complex cases involving spousal maintenance, child custody, child support, and other legal matters surrounding divorce cases. To learn more about our legal services, please contact our law firm to schedule a case review today. You may contact us at 480-448-0608.