Spousal Support Arizona

Spousal Support Arizona: The Basics

Arizona spousal support, or alimony, is called Support Maintenance and is governed by ARS 25-319.  Unlike child support it is awarded at court’s discretion and the court maintains jurisdiction of said support for the duration of time that the support is awarded.  It is important to note that support maintenance has nothing to do with the conduct of either party during the course of the marriage.  Support can be awarded on a temporary basis, on a monthly basis or provided in a one-time lump sum payment.

Spousal Support Arizona: Guidelines for determination of support

The guidelines for support include the duration of the marriage and the standard of living during the marriage. The earning ability and age of the spouse asking for maintenance and the capability of the other spouse to pay is also considered.  Other factors could include, but are not limited to, the length of time it would take for the spouse receiving support to receive education or training to become self sufficient, the standard of living during the marriage as well as the age, emotional health and finances of both spouses.  Other matters that could be considered

Spousal Support Arizona: Calculation of support

There are no firm rules for the calculation of spousal maintenance and judges have wide latitude in determining the final amount.  Having a firm grasp on financial records, assets, employment histories and other information is essential to present your position regardless of whether you are trying to receive or avoid payments.  The court considers many guidelines outlined in ARS  25-319 when calculating spousal maintenance. They are as follows: 

  • Standard of marital living
  • Length of marriage
  • Information regarding age, employment, earning capacity, and emotional and physical well-being of alimony seeking spouse
  • Capacity of the paying spouse to provide alimony
  • Comparing  the earning power and financial resources of both parties
  • Contribution of alimony seeking spouse to the other spouse’s earning potential
  • Reduction of  earning power of the alimony seeking spouse for benefit of other spouse
  • Funding the children’s education
  • Financial resources and the spouse’s self-sufficiency
  • Training to make the spouse self-sufficient
  • Actions involving, concealment, destruction, unusual expenditures, or fraudulent disposure of joint or common property
  • Health care costs for the alimony seeking spouse and savings to the other spouse if family coverage is not necessary
  • Damage and judgments from criminal convictions where one spouse victimized the other

 

It is important to note that any support maintenance is considered taxable income.  Support payments that are not received should be noted and an enforcement hearing will be held.  A purge payment can be ordered and the violating spouse can be held in contempt of court.

In order to receive your free consultation with an Enholm Law Support Maintenance Lawyer call (602) 889-6273.