Experienced Peoria 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 divorce or concerned about how much support you might have to pay a former spouse, you need clear answers. In Arizona, spousal maintenance (formerly known as alimony) is designed to ensure both parties can meet their reasonable needs.
At Sullivan & Shick, we help clients in Peoria and throughout Maricopa County navigate these complex financial issues. We understand that every marriage is different. We work to protect your financial future, whether that means fighting for the support you deserve or defending you against unfair payment demands.
What is Spousal Maintenance in Arizona?
Spousal maintenance, often called alimony or spousal support, is money paid by one spouse to the other during or after a divorce. Unlike child support, which is mandatory and calculated by a strict formula, spousal maintenance is not automatic.
The purpose of these payments is to bridge the gap between your married standard of living and your single life. This is especially important if one spouse earned significantly more income or if one spouse sacrificed their career to care for the home and family
Who Qualifies for Spousal Support in Peoria?
Not everyone who gets divorced will receive or pay support. Under Arizona Revised Statutes (ARS) § 25-319, the court looks at specific eligibility requirements. You may qualify for maintenance if you:
- Lack enough property to provide for your reasonable needs.
- Are unable to be self-sufficient through appropriate employment.
- Contributed to the educational opportunities or career of your spouse.
- Had a marriage of long duration and are of an age that may preclude the possibility of gaining adequate employment.
If you meet these criteria, the court moves to the next step: deciding how much money should be paid and for how long.
How is the Maintenance Amount Determined?
There is no single calculator that gives a perfect answer for spousal maintenance in Arizona. Instead, judges in the Maricopa County Superior Court look at several factors to determine a fair amount. These factors include:
- The Marital Standard of Living: How well did you live during the marriage?
- Duration of the Marriage: Longer marriages often result in longer support periods.
- Age and Health: The physical and emotional condition of both spouses.
- Ability to Pay: Can the paying spouse meet their own needs while paying support?
- Earning Capacity: What is each spouse capable of earning in the current job market?
Understanding Imputed Income
Sometimes, a spouse might quit their job or take a lower-paying position to avoid paying support or to claim they need more money. This is where imputed income comes in. If the court believes a spouse is voluntarily underemployed, they can calculate support based on what that person could earn, rather than what they are currently earning.
Duration of Spousal Maintenance Awards
One of the most common questions we hear is, “How long will this last?” In the past, permanent alimony was more common. Today, Arizona courts prefer “rehabilitative” support. This means the support lasts long enough for the receiving spouse to get education or training to become self-sufficient.
While there is no strict law for duration, a common guideline used by attorneys and judges is the “Rule of 65” or looking at a percentage of the marriage length (often 30% to 50% of the length of the marriage). However, for marriages that lasted over 20 years, or for older spouses, indefinite or permanent support may still be an option.
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Temporary vs. Permanent Spousal Support
Support isn’t just for after the divorce is final. You may need financial help while the legal process is ongoing.
Permanent (or Long-Term) Maintenance:
Modifying or Terminating Support Orders
Life changes after divorce. If you lose your job, retire, or suffer a health crisis, the original support order may no longer be fair. Either party can file a modification petition if there is a “substantial and continuing change of circumstances.”
Support typically ends automatically if the receiving spouse remarries or if either party passes away. However, simply moving in with a new partner (cohabitation) does not automatically end support in Arizona, though it can be a factor in modification cases.
Common Issues: Prenups and Taxes
Impact of Prenuptial Agreements
Tax Implications
Why Choose a Peoria Maintenance Lawyer?
Whether your case is uncontested (you both agree) or contested (you disagree), having a local attorney is vital. We understand the local court procedures and what local judges expect regarding the marital standard of living and income calculations.
Trying to handle spousal maintenance on your own can be risky. A simple mistake in calculating income or failing to argue for the right duration can cost you thousands of dollars over time. Sullivan & Shick provides the experienced guidance you need to secure a fair outcome.
Frequently Asked Questions
Courts consider factors listed in ARS §25-319, such as the length of the marriage, each spouse's earning capacity, and the standard of living established during the marriage. There is no strict mathematical formula, though guidelines exist. Courts may also use "imputed income" if a spouse is underemployed.
To qualify, you generally must demonstrate that you lack sufficient property to provide for your needs, are unable to be self-sufficient through employment, or that you contributed significantly to your spouse’s education or career.
It varies by case. A common guideline is roughly half the length of the marriage, but this is not a law. Support usually ends upon the receiving spouse's remarriage, the death of either party, or a specific date set by the court. Permanent support is rare and reserved for long-term marriages or older spouses.
Costs depend on the complexity of your case. Hourly rates typically range from $250 to $500. Uncontested cases may be handled for a flat fee between $2,500 and $5,000. We can provide a clearer estimate during a consultation.
Yes. If there is a substantial and continuing change in circumstances—like a significant drop in income or a change in health—you can file a petition with the court to modify the amount or duration of the support.
For divorces finalized after 2018, spousal maintenance is tax-neutral. The payer cannot deduct the payments from their taxes, and the recipient does not have to report the payments as taxable income.
While you are allowed to represent yourself, it is not recommended for spousal maintenance cases. Because the laws are subjective and involve complex financial data, having a lawyer is crucial to ensure you are treated fairly. Uncontested cases are simpler, but mistakes are still possible without legal advice.
An uncontested divorce involving maintenance can take 3 to 6 months. If the case is contested and requires litigation, it can take 12 to 24 months to resolve.
If you have a valid and fair prenuptial agreement, it will likely control the outcome. A prenup can waive spousal maintenance entirely or set specific terms for how it is paid.
Get Legal Help with Your Spousal Support Case
Spousal maintenance is one of the most financially significant aspects of a divorce. Don’t leave your financial future to chance. Whether you are seeking support or expecting to pay it, you need a strategy that protects your interests.
Contact Sullivan & Shick today to schedule a consultation with a Peoria spousal maintenance lawyer. Let us help you move forward with confidence.
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