Arizona spousal support, spousal maintenance & Alimony

De Novo Law LLC - Phoenix Arizona - (480) 725-2200

Factors Considered When Deciding Whether to Issue Spousal Maintenance Orders

Judges have significant discretion when determining whether a spousal maintenance order is appropriate as well as how long an order might last and in what amount. Spousal maintenance is not guaranteed and is instead determined based on multiple factors.

Under ARS 25-319, the judge will first decide whether or not the requesting spouse is entitled to spousal support.

If the judge determines that support should be ordered, he or she will then decide how long the order should last and how much the payor spouse will have to pay.

When deciding whether a spouse is entitled to spousal support, the court will consider the following factors:

• Whether the requesting spouse does not have enough assets to support his or her needs

• Whether the requesting spouse is capable of making enough income to be self-supporting without the help of the other spouse

• Whether the requesting spouse is a child’s primary caregiver and is thus prevented from working full-time

• Whether the requesting spouse contributed to the other spouse’s earning ability, education, and career

• Whether the requesting spouse made substantial sacrifices in his or her career for the other spouse’s benefit

• Whether the marriage lasted a long time, and one spouse is old enough that it prevents him or her from seeking employment

If the court finds that the spouse is entitled to alimony after considering these factors, it will then consider the following additional factors to calculate the amount to order and how long the payor spouse will be required to make payments:

• The standard of living both spouses enjoyed during the marriage

• The length of the marriage

• Both spouses’ ages

• The mental and physical health of each spouse

• The spouses’ respective employment history and earnings capacity

• The financial resources and incomes of both spouses

• Each spouses’ contributions to the earnings capacity or education of the other spouse

• Any career or earnings sacrifices either spouse made to benefit the other spouse

• The ability of each spouse to contribute to a child’s future educational costs

• Whether a spouse wasted assets during the marriage

• How long it will take the spouse who is entitled to support to complete enough education to find a job that will allow him or her to self-support

• Health insurance costs for both spouses after the divorce

• Damages between the spouses when one spouse was convicted of a criminal offense with the child or spouse as the victim

Under ARS 25-530, judges cannot consider veterans’ disability benefits a spouse receives for service-related disabilities when they calculate a spouse’s income for spousal support purposes. Courts also do not consider marital misconduct when deciding whether to award alimony.