When a Spouse Qualifies for Maintenance
Spousal maintenance is not automatic. The court must first find that the requesting spouse meets at least one qualifying condition.
These conditions include lacking enough property to cover basic needs. A spouse may also qualify by lacking enough earning ability to be self-sufficient.
Other qualifying factors include being the parent of a young child or having helped build the other spouse's career. A long marriage that limits a spouse's ability to find adequate work also qualifies.
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 the spouse qualifies, the court applies guidelines from the Arizona Supreme Court. The goal is to provide support only for the time needed to become self-sufficient.
When the court orders spousal maintenance, it documents the specific reasons.
The Thirteen Factors
The court considers thirteen factors together when calculating maintenance. These include the standard of living during the marriage.
The court also looks at how long the marriage lasted, each spouse's age, and earning ability. It considers contributions one spouse made to the other's education or career.
The court weighs financial resources, the time needed to acquire training, and health insurance costs. It also reviews whether either spouse was convicted of a crime against the other or a child.
Two rules matter for long-term planning. First, the court can deviate from the guidelines if applying them would be unfair.
The amount of spousal maintenance can vary based on these factors. Second, both parties can agree that the maintenance terms cannot change after the decree. This locks in the arrangement for good.
The length of the marriage plays a major role in how long maintenance continues.
Spousal maintenance and estate planning are closely connected. As a result, couples going through a divorce should review and update their estate plans.
Alimony in Arizona directly affects beneficiary designations, life insurance, and financial security after the decree.