Understanding Spousal Maintenance in Arizona

 Determining spousal maintenance (also known as alimony) in Arizona involves a two-step process: eligibility and entitlement

Eligibility

First, the court assesses whether the spouse requesting maintenance is eligible under A.R.S. § 25-319(A). This statute outlines several factors, including:

Lack of sufficient property and earning ability: The spouse must demonstrate they don’t have enough property or income to support themselves.

 Custodian of a young or disabled child: If the spouse is caring for a child who needs attention at home, they may qualify.

Significant contributions to the other spouse’s career: Contributions to education, training, or earning ability can factor into eligibility.

Long-term marriage and age hindering employment: A spouse in a long marriage who is older and may face challenges finding work could be eligible.

If the court finds the spouse is not eligible, the process ends, and no maintenance is awarded. However, if the spouse is deemed eligible, the court proceeds to the next stage: entitlement.

Entitlement

Determining entitlement involves using the Spousal Maintenance Calculator, a tool introduced in 2023 to bring consistency and predictability to spousal maintenance awards.

 Applicability: These guidelines apply to original petitions filed on or after September 24, 2022, unless the parties agree otherwise.

 Key Inputs: The calculator uses data from the U.S. Bureau of Labor Statistics Consumer Expenditure Survey, factoring in the family’s financial situation and standard of living during the marriage. You’ll need to input information such as:

 Family Size: This includes the spouses and any children for whom either party has a legal obligation to support and is paying support.

 Spousal Maintenance Income: This is calculated using gross income, similar to child support calculations.910 It includes income from various sources, including wages, self-employment, and investments. However, it does not include the income of other adults living in the home.

 Average Monthly Mortgage Principal: This includes the principal portion of mortgage payments for all residences used by the family, but not investment properties.

 Output: The calculator generates a target range for spousal maintenance, taking into account the receiving spouse’s share of expenditures and the average monthly mortgage principal.

 Deviations: While the court must follow the duration ranges set by the guidelines, it can deviate from the calculated amount range if it finds that applying the guidelines would be inappropriate or unjust.415 In such cases, the court must provide written findings explaining its decision.

 Factors for Deviation: The court can consider various factors when deviating, including the standard of living during the marriage, the length of the marriage, the age and health of the spouses, and the ability of both parties to contribute to their children’s future education.

 Understanding the Calculator’s Logic

The Spousal Maintenance Calculator aims to determine an amount that allows the receiving spouse to maintain a standard of living similar to that experienced during the marriage while working towards self-sufficiency. It does this by:

 Estimating Expenses: The calculator uses statistical models based on the Consumer Expenditure Survey data to estimate the family’s expenses before the divorce. It considers both individual and indivisible expenses, with indivisible expenses like housing being shared.

 Adjusting for Higher Incomes: For families with combined incomes over $100,000, the calculator adjusts the estimated expenses upward to reflect a higher standard of living.

 Calculating the Receiving Spouse’s Share: The calculator determines how much the receiving spouse would contribute to the estimated expenses based on their income proportion.

 Determining the Spousal Maintenance Range: The calculator then subtracts the receiving spouse’s share from the total estimated expenses to arrive at a range for potential spousal maintenance payments.

Considerations

 Temporary Orders: During the divorce process, you can request temporary spousal maintenance to address immediate needs.20 These temporary awards do not prejudice the final spousal maintenance determination.

 Modifications: Unless the parties agree otherwise, spousal maintenance awards can be modified if there’s a substantial change in circumstances.

 Enforcement: If a spouse fails to pay court-ordered spousal maintenance, they can face legal consequences, including a potential misdemeanor charge.

Remember, this is a general overview. The laws in Arizona change regularly and you should contact us to learn more about this issue. This website is informational and is not intended to be legal advice.

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