Practice Area
Spousal Maintenance
We handle both the pursuit and defense of spousal maintenance claims, with a clear-eyed approach to Arizona's statutory factors and likely outcomes.
Spousal Maintenance in Arizona
Spousal maintenance — sometimes called alimony — is not automatic in Arizona. A spouse seeking maintenance must first establish eligibility under one of the statutory grounds, and then the court determines the appropriate amount and duration based on a separate set of factors.
Arizona courts have broad discretion in awarding spousal maintenance. The outcome in any given case depends heavily on the specific facts — the length of the marriage, each spouse's financial situation, earning capacity, and contributions to the marriage. Understanding how courts weigh these factors is essential to evaluating your position.
We represent both spouses seeking maintenance and those opposing it. Whether you are pursuing a maintenance award or defending against one, we provide honest counsel about the likely outcome and advocate effectively for your position.
01
Eligibility for Maintenance
To be eligible for spousal maintenance, a spouse must establish one of the following: that they lack sufficient property to provide for their reasonable needs; that they are unable to be self-sufficient through appropriate employment; that they contributed to the educational opportunities of the other spouse; or that the marriage was of long duration and the spouse is of an age that may preclude adequate employment.
Establishing eligibility is only the first step. Even if a spouse qualifies for maintenance, the court then determines the appropriate amount and duration based on a separate analysis.
02
Amount and Duration
In determining the amount and duration of maintenance, Arizona courts consider the standard of living established during the marriage, the duration of the marriage, each spouse's age and earning capacity, the financial resources of the spouse seeking maintenance, the ability of the paying spouse to meet their own needs while paying maintenance, and contributions to the other spouse's career or education, among other factors.
Arizona does not have a formula for calculating maintenance. Courts exercise discretion based on the totality of the circumstances. This makes the quality of the evidence and the arguments presented to the court particularly important.
Maintenance can be temporary (during the divorce proceeding), rehabilitative (for a defined period to allow the recipient to become self-sufficient), or in some cases indefinite. The appropriate duration depends on the specific facts of the marriage.
03
Modification and Termination
Spousal maintenance orders can be modified or terminated when there is a substantial and continuing change in circumstances — such as a significant change in either party's income, the recipient's remarriage, or cohabitation with a romantic partner.
We handle post-decree maintenance matters as well as initial proceedings, including both seeking modifications and opposing them.
Questions About Spousal Maintenance?
Whether you are seeking maintenance or defending against a claim, we can help you understand your position and advocate effectively. Contact us to schedule a consultation.
Or call directly
(623) 566-4500