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Spousal Maintenance

Probate & Legal

Court-ordered financial support paid by one spouse to the other during or after a divorce, based on need and earning ability.

Spousal maintenance is court-ordered financial support from one spouse to the other. It applies during or after a divorce or legal separation. It is sometimes called alimony. Arizona statutes use the term "maintenance."

Who Qualifies

Spousal maintenance is not automatic. Under A.R.S. § 25-319, the requesting spouse must meet at least one condition. These include lacking enough property to cover reasonable needs. Lacking adequate earning ability also qualifies. So does being the parent of a young child needing full-time care. Making significant contributions to the other spouse's career counts too. A long marriage where age may limit future employment is another factor.

Amount and Duration

The Arizona Supreme Court sets guidelines for calculating maintenance amounts and duration. The goal is to provide support only until the receiving spouse becomes self-sufficient. The court weighs thirteen factors together. These include marriage duration, each spouse's earning ability, and the standard of living during marriage. Health insurance costs are also considered. Both parties can agree that maintenance terms will not change after the decree.

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