Divorce can be a challenging and emotional process, especially when financial support is a topic of discussion. At Simon Law Group, we’re experts in Arizona family and divorce law, including spousal maintenance, child custody, parenting time, grandparent’s rights, same-sex divorces and more. For over 20 years, we’ve advocated for our clients’ rights, helping countless individuals navigate their divorce while ensuring their rights are respected. In this blog, we’ll provide a comprehensive overview of spousal maintenance, Arizona’s spousal maintenance laws, and how our law firm can help you during your divorce.
Whether you’re seeking spousal maintenance or required to provide it, having trusted legal representation ensures your rights and interests are protected. Let’s explore what spousal maintenance is, how Arizona’s laws address it, and why we’re the legal team you should choose to represent you during a divorce in Arizona.
What is Spousal Maintenance?
Spousal maintenance, commonly referred to as alimony, is a court-ordered financial support that one spouse provides to the other during or after a divorce. Its purpose is to help the receiving spouse maintain a standard of living comparable to what they experienced during the marriage. In Arizona, spousal maintenance is not automatically awarded; the court considers a variety of factors to determine whether it is appropriate.
This financial support can be temporary, such as during the divorce process, or long-term, depending on the circumstances. Key factors influencing spousal maintenance include the length of the marriage, the financial resources of each spouse, and the receiving spouse’s ability to become self-sufficient through employment or training. Spousal maintenance ensures that the financial burden of divorce is fairly distributed and that both parties have an opportunity to rebuild their lives.
Arizona Spousal Maintenance Laws
Arizona law outlines specific criteria for awarding spousal maintenance under Arizona Revised Statute § 25-319. The court considers factors such as:
The standard of living established during the marriage.
The duration of the marriage.
The age, employment history, earning potential, and physical condition of the requesting spouse.
Contributions made by one spouse to the education or career opportunities of the other.
The financial resources available to each spouse, including property and income.
Arizona also offers a helpful Spousal Maintenance Calculator, which provides an estimate of potential maintenance payments based on various inputs. While this tool can offer insights, it’s essential to consult an experienced attorney like the ones here at Simon Law Group for a personalized assessment of your situation. Scheudle your free one-hour consultation on our website or by calling 480-745-2450 today.
Arizona Spousal Support Guidelines
Actual Income
Actual income includes earnings from any source before deductions or withholdings, as well as property or assets that generate income. Examples of actual income include:
Salaries, wages, commissions, bonuses, dividends, severance pay, military pay, pensions, trust income, social security, and income from currently available retirement assets.
Expense reimbursements that reduce living expenses and continuing military benefits (such as BAH and BAS) or military-provided housing.
Child support received from a third party for a child not in common with the parties included in the family size.
Overtime regularly earned by the marital community.
All property available to a party, including sole and separate assets.
When considering income potential, the court may attribute a 4% rate of return (unless rebutted) on asset values exceeding $100,000.
Stocks, bonds, real estate, interests in entities, deferred compensation, and employee benefits.
Attributed Income
Attributed income refers to income not actually earned but assigned by the court as appropriate for calculating spousal maintenance. Key considerations include:
The receiving party’s plans, efforts, and opportunities to be self-sufficient.
The party’s assets, employment or earnings history, educational attainment, criminal record, and employment barriers.
Local job market conditions, prevailing wages, and typical full-time hours.
The degree of employment or underemployment based on education level, training, experience, and physical capacity.
The court may decline to attribute income if the individual has a physical or mental disability, is enrolled in training, needs to care for a child with unusual emotional or physical needs, is a caretaker for a young child where childcare costs are prohibitive, is retired, or is incarcerated.
Standard Duration Range for Spousal Maintenance
The duration of spousal maintenance often depends on the length of the marriage:
For marriages lasting less than two years, maintenance ranges from 3 to 12 months.
For marriages lasting at least two but less than five years, maintenance ranges from 6 to 36 months.
For marriages lasting at least five but less than ten years, maintenance ranges from 6 to 48 months.
For marriages lasting at least ten but less than 16 years, maintenance ranges from 12 to 60 months.
For marriages lasting 16 years or more, maintenance may range from 12 to 96 months, potentially longer under the "Rule of 65."
Rule of 65 Spousal Maintenance Duration Range
Under Arizona's "Rule of 65" formula, judges may depart from the standard duration range when:
The marriage lasted at least 16 years.
The recipient spouse is at least 42 years old.
The recipient's age plus the marriage length (in years) equals at least 65.
Disability of Receiving Spouse Range
If you’re disabled and attempting to secure spousal maintenance during your divorce in Arizona, here are some of the guidelines the Court considers when calculating spousal maintenance:
Indefinite disability may require a fixed term.
Permanent disability could lead to an indefinite term.
Extraordinary Circumstances Range
In cases of extraordinary circumstances, the court may extend the duration of spousal maintenance beyond standard guidelines to address unique needs.
Arizona’s Spousal Maintenance Experts
At Simon Law Group, we have a proven track record of securing favorable outcomes in spousal maintenance cases throughout Arizona. Our legal team’s in-depth knowledge of family and divorce law, combined with our dedication to personalized client care, sets us apart from other firms.
When you work with Simon Law Group, you’ll have a team of legal representatives who are committed to protecting your interests and achieving the best possible results during your divorce in Arizona. If you’re considering divorce, choose the legal team that can best represent you, schedule your free consultation with Simon Law Group today.
Why is Spousal Maintenance Important?
Spousal maintenance plays a critical role in ensuring that financial disparity does not leave one spouse at a disadvantage after divorce. It provides a financial safety net for individuals who may have sacrificed career opportunities or income potential to support the marriage. By addressing this imbalance, spousal maintenance helps both parties move forward on stable financial footing.
Schedule Your Free Consultation
Navigating spousal maintenance laws in Arizona can be a daunting task, but you don’t have to face it alone. Understanding the purpose and legal framework of spousal maintenance is the first step toward achieving a fair and equitable outcome. With Simon Law Group by your side, you’ll benefit from experienced legal guidance tailored to your unique circumstances.
If you’re facing divorce and have questions about spousal maintenance, contact Simon Law Group today for a free consultation. Let our knowledgeable attorneys provide the support and advocacy you need to protect your future. To schedule your free one hour consultation, visit our website or call us at 480-45-2450 today.
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