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Originally Posted On: https://desertlegalgroup.com/blog/spousal-support-arizona/

 

Alimony Eligibility in Arizona

The decision to end a marriage can have a major impact on the lives of everyone involved. Whether you have decided to separate or are a respondent in divorce proceedings, your lifestyle is inevitably affected. Pursuing spousal maintenance, often referred to as alimony, may grant you some relief as you adjust to life after a divorce.

Though Arizona allows either party in a divorce the opportunity to petition for spousal maintenance, there may be some confusion regarding whether or not you are eligible for alimony, how much alimony you are entitled to receive, and for how long. The team at Desert Legal Group is a vital resource for those looking to request spousal support in Arizona. Our divorce and family law attorneys can provide the personal support you need when tackling the complex and often contested alimony process.

What Is Alimony in Arizona?

An order for alimony, or spousal maintenance as it is termed in Arizona, is an order issued by a family court judge. This order requires a party in a divorce proceeding to pay a set amount of money to the other party on a monthly basis for a specified time period.

As a no-fault state, Arizona makes the option to pursue legal separation and the dissolution of marriage accessible to both parties in a marriage. Arizona has delineated a set of processes for the separation of assets, the determination of child custody, the issuance of child support, and petitions for spousal maintenance requests. A spousal maintenance petition is a separate matter from asset division and child support issuance upon divorce. However, both may influence eligibility and the amount received for spousal maintenance.

A.R.S. § 25-319 is the statute that spells out alimony eligibility in Arizona. The statute’s purpose is to ensure that either party in a marriage can afford the financial stability they had during the marriage upon separation until they are able to become self-sufficient.

Spousal support in Arizona can be issued on a temporary basis or for an indefinite period of time. Modifications can be requested by either party if circumstances change that would warrant a change in spousal maintenance amount or length. There is no such thing as permanent or lifetime spousal support, though spousal support can be assigned on an indefinite basis.

A.R.S. § 25-319 was modified effective September 24, 2022, providing additional guidelines to determine eligibility for spousal support across the state. It also explains that spousal maintenance should be issued for a period of time until a receiving spouse can become self-sufficient.

Qualifications for Alimony in Arizona

Any party may request spousal support during a divorce, regardless of gender. To do so, they must file a petition with the family court, in which they describe their financial need and provide a summary of their work history and contribution to their spouse’s career and education, if relevant. They also have the opportunity to describe additional circumstances that make spousal support necessary.

Some factors that may influence a petitioner’s eligibility for spousal support include:

The length of a marriage and the age of the petitioning spouse may also influence a person’s eligibility. Though there is no direct correlation between years of marriage and qualification for alimony, the law understands that throughout a marriage, a spouse may have made sacrifices to their career and education to support their spouse or educate their children. Age can also make it more difficult to be successful in the job market.

These qualifications for alimony in Arizona do not necessarily translate to a guaranteed spousal support payment. Arizona law also considers whether a respondent can provide spousal support. If spousal maintenance is determined to be “inappropriate or unjust,” alimony may not be awarded as calculated. Neither party is thus entitled to spousal maintenance.

How Is Alimony Calculated in Arizona?

 

The recent changes to Arizona spousal maintenance were made to ensure that guidelines were set for calculating the total amount of support for people in similar situations. There are multiple factors that influence how alimony is calculated in Arizona.

Family Size

The first factor in calculating alimony is family size. The family size includes both spouses as well as any children that they are legally obligated to support. This may include a child one of the parties has with another person for whom they must provide child support.

Actual Income

Both parties should provide the actual income they receive, including salary, retirement income, unemployment or workers’ compensation, capital gains, and interest earned from investments. It is up to the discretion of the court whether or not to include non-recurring income based on the specific circumstances. Child support received for a child from outside of the marriage can also be included as actual income.

Actual income may not include child support received for a mutual child as well as the assets or property received during a divorce.

Attributed Income

Another fact used to calculate alimony or spousal maintenance is attributed income. The court uses this type of income to determine if either of the spouses is able to earn based on employment status.

A party may not be assigned attributed income within a spousal maintenance calculation if they are unable to produce income due to retraining or reeducation needs, incarceration, disability, age, or the conditions of the job market at the time the petition is submitted.

Average Monthly Expenses

The final major factor included in the amount of spousal maintenance is the average monthly expenses of the households where the family lives following a separation. This may include the average monthly mortgage and other living expenses based on the US Bureau of Labor Statistics Consumer Expenditure Survey.

How is Duration of Alimony Calculated in Arizona?

The court may determine the duration of spousal maintenance in Arizona based on the time it believes the petitioner needs to become self-sufficient. The length of the marriage, the age of the petitioner, and both parties’ health may affect the length of the spousal support term.

Types of Alimony Available in Arizona

 

When requesting spousal maintenance, a petitioner may be issued one of three different maintenance categories.

Temporary Order for Spousal Maintenance

A temporary order for spousal maintenance may be issued during the divorce proceedings if a petitioning spouse has not been employed by a bona fide employer in a specified period of time before the separation. The award amount may be determined by the court and will end once a final spousal maintenance award is determined (if eligible).

Fixed-Term Spousal Maintenance

Based on the eligibility criteria for spousal support, a fixed-term spousal maintenance order may be issued to afford the petitioning spouse the time to become self-sufficient. This type of award is considered a type of rehabilitative alimony to obtain the necessary education or job training to earn an adequate living.

Indefinite-Term Spousal Maintenance

Even though there is no such thing as lifetime alimony, an Arizona court may issue an order for indefinite-term spousal maintenance. This may be issued in two circumstances: 1) if the petitioning spouse meets the rule of 65, or 2) if the petitioner is suffering a permanent disability.

Modifying or Terminating Alimony

A spousal maintenance award is provided by the Arizona court as a remedy to settling divorces in the most suitable way for both parties and to ensure each can be self-sufficient through the change. There are circumstances, however, that may warrant an alimony order to be modified or terminated before the fixed-term end date or if it is an indefinite-term order.

A.R.S. § 25-327 explains that a substantial change in circumstances may warrant a request to continue spousal support beyond the date issued in the fixed-term order. A spousal maintenance award may not be increased if the supporting ex-spouse’s income increases, as the recipient is not entitled to future earnings.

The party paying monthly spousal maintenance may request a modification if they have faced significant changes, including retirement or health issues. If a person receiving spousal maintenance remarries, the spousal support order is subject to termination. The responsibility also ends upon the death of either party.

We highly encourage you to seek the counsel of a knowledgeable family law practitioner if you would like to contest or modify a spousal maintenance order.

Alimony Eligibility in Arizona FAQs

 

Spousal support in Arizona can be a challenging topic to understand as you go through the process of legal separation. At Desert Legal Group, our team provides personalized legal support to Arizona families going through divorce. We guide you through the divorce and spousal maintenance petition proceedings so you can focus on the next stage of your life.

Below are answers to some frequently asked questions about alimony eligibility in Arizona.

What Qualifies a Spouse for Alimony in AZ?