In Arizona, spousal maintenance is awarded based on need and the ability to pay, with a focus on balancing the financial disparities between spouses after the divorce. The goal is to ensure the lower-earning spouse can maintain a reasonable standard of living while transitioning to independence. Arizona uses a spousal maintenance calculator, which can help the court determine how spousal maintenance should be awarded. You can find the calculator HERE.
There are numerous factors that help the courts determine whether a spouse is entitled to spousal maintenance.
Need and Ability to Pay:
The court will assess whether one spouse needs financial support and whether the other spouse has the ability to pay. If there is a significant income disparity, the lower-earning spouse may be eligible for alimony.
Length of the Marriage:
The longer the marriage, the more likely alimony will be awarded, especially in marriages of 10 years or more. Shorter marriages may result in less or no spousal support unless there are extenuating circumstances.
Standard of Living:
Courts often consider the standard of living established during the marriage. The goal is to provide the lower-earning spouse with a similar standard of living post-divorce, within reason.
Age and Health:
The court takes into account the age and physical/mental health of both spouses. If one spouse is unable to work due to health issues or age, they may be more likely to receive alimony.
Contributions to the Marriage:
If one spouse contributed to the household by being a stay-at-home parent or supporting the other spouse’s career (e.g., helping with education or managing the household), this contribution may be factored into the alimony decision.
Earning Potential:
The court will examine each spouse’s earning capacity and potential for future income. If one spouse sacrificed career opportunities for the marriage (such as leaving a job to raise children), they might be awarded spousal support to help them gain financial independence.
Duration of Payments:
Alimony may be awarded temporarily (known as rehabilitative or temporary spousal maintenance) to give the lower-earning spouse time to become self-sufficient. Some states also allow for lump-sum alimony instead of ongoing payments.
Changes in Circumstances:
Alimony can often be modified if there is a significant change in circumstances, such as job loss, remarriage, or a substantial increase or decrease in income for either spouse following the divorce.
In mediation, we assist our clients in reviewing the spousal maintenance calculator and finding a mutually agreeable solution that works for both spouses. Schedule a complimentary consultation today to learn more.
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