Arizona Spousal Maintenance

Under certain conditions, Arizona courts may grant spousal maintenance to either party.  Spousal maintenance is awarded at the discretion of the Court and there is no formula or statute that determines the amount or duration of the spousal maintenance award. The Court will consider an award of spousal maintenance utilizing the factors provided in A.R.S. §25-319. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00319.htm&Title=25&DocType=ARS

There is no formula or calculation with which a court determines a spousal maintenance award and, as such, the issue is left to the discretion of each judge.  Such factors that the court will consider in determining whether a spousal maintenance obligation is appropriate include:  The standard of living established during the marriage; the age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance; the ability of the spouse from whom maintenance is sought to meet that spouse's needs and community obligations (including their child support obligation) while meeting those of the spouse seeking maintenance; the contribution of the spouse seeking maintenance to the earning ability of the other spouse; and excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of property held in common.  Another significant factor the court will consider is the cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought.  Further, the court will consider the parties’ agreements (including prenuptial agreements) that might require, waive, limit or condition the right to receive spousal maintenance.    

Spousal maintenance is ‘rehabilitative’ in nature, meaning that an award of spousal maintenance is intended to offer the lower-earning spouse the opportunity to pursue educational and professional opportunities in an effort to increase earning ability and provide for their reasonable living needs.  Spousal maintenance is taxable income for the recipient and tax-deductible for the payor.  Our office will assist you in locating a professional tax consultant in order to assist you in understanding potential tax consequences arising from an award of spousal maintenance.  Additionally, Arizona allows for the modification of a spousal maintenance award - barring provisions in the parties' decree of dissolution that bar modification - if one party can show a significant change in financial circumstances. 

The issue of spousal maintenance is one requiring consideration of numerous factors and one that is often the most emotional and contentious issues in a dissolution case.  

If you have questions please don't hesitate to contact Shick Law Offices L.L.C. today for a free initial consultation.  We're here to help!