When a Spouse Qualifies for Maintenance
Spousal maintenance is not automatic. The court must first determine that the requesting spouse meets at least one qualifying condition. These include lacking sufficient property to cover reasonable needs, lacking adequate earning ability, being the parent of a child whose age or condition requires the parent to stay home, having made significant contributions to the other spouse's career at the expense of their own, or having been married long enough that age may limit future employment prospects.
The court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance: 1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs. 2. Lacks earning ability in the labor market that is adequate to be self-sufficient.
A.R.S. § 25-319(A)(1)-(2)Once eligibility is established, the court applies guidelines from the Arizona Supreme Court to determine the amount and duration. The goal is to provide maintenance only for the period needed for the receiving spouse to become self-sufficient.
The Thirteen Factors
The court considers thirteen factors together when calculating maintenance. These include the standard of living during the marriage, the marriage's duration, each spouse's age and earning ability, contributions one spouse made to the other's education or career, comparative financial resources, the time needed to acquire training for appropriate employment, health insurance costs, and whether either spouse was convicted of a crime against the other or a child.
Two provisions are especially relevant for long-term financial planning. First, the court can deviate from the guidelines if applying them would be inappropriate or unjust. Second, both parties can agree that the maintenance terms will not be modified after the decree, locking in the arrangement permanently. This intersection of spousal maintenance and estate planning is one reason couples going through a divorce should also review and update their estate plans.