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A.R.S. § 25-319

Spousal Maintenance Eligibility and Factors

Verified April 4, 202657th Legislature, 1st Regular Session

Courts can award spousal maintenance (sometimes called alimony in Arizona) during or after a divorce. The spouse must lack sufficient property or earning ability to be self-sufficient. The amount of spousal maintenance and duration are based on guidelines with thirteen factors the court weighs together.

Title 25, PREMARITAL AND MARITAL AGREEMENTS

azleg.gov

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.

25-319. Maintenance; guidelines; computation factors A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, 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. 3. Is the parent of a child whose age or condition is such that the parent should not be required to seek employment outside the home. 4. Has made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse or has significantly reduced that spouse's income or career opportunities for the benefit of the other spouse. 5. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient. B. The supreme court shall establish guidelines for determining and awarding spousal maintenance. The court may award spousal maintenance pursuant to the guidelines only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient. C. A maintenance order shall be made without regard to marital misconduct. D. If both parties agree, the maintenance order and a decree of dissolution of marriage or of legal separation may state that its maintenance terms shall not be modified. E. Except as provided in subsection D of this section or section 25-317, subsection G, the court shall maintain continuing jurisdiction over the issue of maintenance for the period of time maintenance is awarded.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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