Phoenix Spousal Maintenance Lawyer
Divorce brings many changes, but financial uncertainty is often the most stressful. Whether you are worried about paying your bills after a separation or concerned about how much support you might have to pay a former spouse, understanding your rights is essential.
At Sullivan Law, we help clients navigate the complex laws surrounding spousal maintenance (formerly known as alimony) in Phoenix. We work to secure fair financial arrangements so you can move forward with confidence and stability.
What is Spousal Maintenance in Arizona?
In Arizona, spousal maintenance is money paid by one spouse to the other during or after a divorce. It is not designed to punish one person or reward the other. Instead, its goal is to bridge the financial gap between the two parties, especially if one spouse earns significantly less or has been out of the workforce for a long time.
Statutory Definition and Purpose
Under Arizona law, maintenance is meant to help a spouse become self-sufficient. In many cases, it is “rehabilitative.” This means the support lasts long enough for the receiving spouse to get the education or training needed to find a job and support themselves. However, in cases involving long-term marriages or older age, the support may last longer.
Who Qualifies for Spousal Maintenance?
Spousal maintenance is not automatic in every divorce. You do not get alimony simply because you were married. To receive support, you must first prove to the court that you are eligible.
Key Eligibility Factors Under ARS §25-319
Arizona Revised Statutes §25-319 sets specific rules for eligibility. Generally, the court may grant maintenance if you meet one of the following criteria:
- You lack enough property to provide for your reasonable needs.
- You are unable to support yourself through appropriate employment.
- You are the custodian of a child whose age or condition prevents you from working outside the home.
- You contributed to the educational opportunities of your spouse.
- You had a marriage of long duration and are of an age that may preclude the possibility of gaining adequate employment.
How Arizona Courts Calculate Spousal Maintenance
Unlike child support, there is no strict mathematical formula for calculating spousal maintenance in Arizona. This makes having an experienced Phoenix lawyer vital, as the final amount is often up to the judge’s discretion or negotiation between attorneys.
Financial Resources and Earning Capacity
When the Maricopa County Superior Court decides on an amount, they look at several factors to ensure fairness. These include:
- Standard of living: The lifestyle established during the marriage.
- Duration of marriage: Longer marriages often result in longer support periods.
- Age and health: The physical and emotional condition of both spouses.
- Earning ability: The ability of the spouse seeking maintenance to meet their own needs independently.
- Ability to pay: The financial resources of the spouse providing the support.
Sullivan Shick
Duration of Spousal Maintenance Awards
One of the most common questions we hear is, “How long will this last?” The answer depends heavily on the length of your marriage and your ability to return to the workforce.
Temporary vs. Permanent Maintenance
There are generally two types of support orders:
Temporary Orders: This is support paid while the divorce is still pending. It ensures that bills get paid and life continues relatively normally until the final divorce decree is signed.
Rehabilitative or Permanent Maintenance: Most awards today are for a fixed period (rehabilitative) to help a spouse get back on their feet. “Permanent” maintenance is becoming rare and is usually reserved for older spouses or those with disabilities ending very long marriages.
Modifying or Terminating Spousal Maintenance
Life changes after a divorce. If your financial situation shifts significantly, the original court order may no longer be fair or feasible.
Substantial and Continuing Change
To change an existing order, you must file a modification petition. Arizona law requires you to prove a “substantial and continuing change of circumstances.” Examples might include:
- Involuntary job loss or a significant pay cut.
- A major health issue affecting earning ability.
- Retirement (if at a normal retirement age).
The court also looks at imputation of income. This means if a paying spouse quits their job on purpose to avoid paying, the court may calculate support based on what they could earn, not what they are currently earning.
The Spousal Maintenance Legal Process in Phoenix
Securing or defending against maintenance involves several steps. First, a petition is filed with the family court. Both parties must then provide full financial disclosure. This creates a clear picture of income, expenses, and assets.
Ideally, we can reach a settlement through negotiation or mediation. This saves time and money. However, if an agreement cannot be reached, we are prepared to advocate for you before a judge to ensure the final ruling is based on accurate facts and fair application of the law.
Frequently Asked Questions
Duration depends on marriage length and factors under ARS §25-319; typically, it may be half the marriage length unless otherwise justified by the court.
There is no fixed formula. Courts consider the recipient's need versus the payer's ability to pay, the standard of living during the marriage, and contributions made to the marriage.
Yes, but only upon showing a substantial and continuing change in circumstances via a petition to the family court.
Yes, a lack of earning ability due to childcare responsibilities or a long absence from the workforce is a key factor under Arizona law.
For divorces finalized after 2018, payments are generally non-taxable to the recipient and non-deductible for the payer under federal tax law.
Rates typically range from $250-$500/hour. Flat fees for specific motions usually range between $2,500 and $7,500 depending on complexity.
You can file an enforcement motion. The court has the power to issue wage garnishment, contempt findings, or place liens on property to collect unpaid support.
Generally, yes. If the recipient remarries, the obligation usually ends. Cohabitation (living with a new partner) may also be grounds to terminate support under Arizona law.
Yes, courts often issue temporary orders based on immediate financial need while the legal proceedings are ongoing.
Get Help with Spousal Support Today
Whether you are seeking support to secure your future or need to ensure you aren’t paying more than is fair, Sullivan Law is here to help. We understand the local courts and the specific factors that influence spousal maintenance in Phoenix.
Contact us today to schedule a consultation and discuss your case with an experienced attorney.
CONTACT US
(480) 284-2644
(623) 915-0944