Arizona Alimony Laws FAQS

What is spousal maintenance (alimony) in Arizona?

Spousal Maintenance in Arizona refers to an Order issued by a Court that directs one spouse to pay the other spouse an amount to meet the financial needs of that other spouse. To be eligible for spousal maintenance, the parties had to have been married to each other and the Order for spousal maintenance must have been issued as a part of the initial divorce Decree.

How may I determine if an Arizona court will award spousal maintenance to me and, of so, how much I will receive and for what period of time I will receive the spousal maintenance?

Spousal maintenance issues in Arizona are decided on a case-by-case basis. However, all judges are required to consider several factors before deciding whether a spouse is entitled to an award of spousal maintenance and, if so, the amount and duration of the spousal maintenance award. The relevant factors include the following:

1. The amount of property apportioned to each spouse;
2. Whether the spouse seeking spousal maintenance can obtain a job sufficient to support himself or herself;
3. The extent to which one spouse contributed to the other spouse’s career opportunities during the parties’ marriage;
4. The length of the parties’ marriage and whether the spouse seeking the maintenance is of an age that would preclude employment;
5. The standard of living established during the marriage;
6. The ability of the other spouse to pay spousal maintenance while still being able to meet his or her own reasonable living expenses;
7. The abilities of both spouses to pay for their common children’s college expenses;
8. The time necessary to retrain to obtain a job sufficient to support the spouse;
9. The extent to which the other spouse has concealed, destroyed, or wasted community assets;
10. The cost of obtaining health insurance for the spouse seeking spousal maintenance.

What is the difference between rehabilitative spousal maintenance, compensatory spousal maintenance, and permanent spousal maintenance?

Arizona Judges sometimes classify spousal maintenance awards into one of three categories; specifically, rehabilitative, compensatory, and permanent spousal maintenance. An award of rehabilitative spousal maintenance is appropriate under Arizona law when the judge determines a spouse is currently unable to support himself or herself but will subsequently be able to support himself or herself after receiving additional education, training, or experience. Spousal maintenance for this purpose is rehabilitative because its purpose is to provide a source of support during the period of time the court believes the spouse needs to rehabilitate himself or herself. Permanent spousal maintenance, however, is awarded when the court either does not believe a spouse will ever be able to support himself or herself or when the court is unable to ascertain when that might occur, such as when a spouse is too elderly to be expected to return to work or has a disability that precludes him or her from obtaining employment. Compensatory spousal maintenance is unique in that it is not based at all upon a spouse’s ability to support himself or herself but is, instead, an award designed to compensate the spouse who has contributed to the other spouse’s education or career opportunities and has not otherwise received a fair return on that investment from income earned during the parties’ marriage.

How do I collect spousal maintenance awarded to me?

Unless both parties agree otherwise, an Arizona Judge is required to issue a wage assignment in any case in which spousal maintenance is ordered. The wage assignment requires the spouse’s employer to deduct his or her spousal maintenance payment from his or her check. The employer is then required to send that spousal maintenance payment to the Support Payment Clearinghouse, which then forwards that payment to the spouse to whom the obligation is owed.

How do I modify an existing modifiable spousal maintenance Order?

Unless the parties previously agreed that the spousal maintenance award was nonmodifiable, a parent may attempt to modify and/or terminate an award of spousal maintenance for a variety of reasons. One of the more common reasons spouses seek to modify spousal maintenance occurs when a spouse experiences a substantial and continuing change of income and/or living expenses. A spouse seeking to modify and/or terminate a spousal maintenance order must file a petition for modification and attend a trial at which time evidence is presented in support of the requested modification and/or termination.

Can the court make an award of spousal maintenance non-modifiable?

Yes, but only if both parties agree for the award to be non-modifiable.

What if my former spouse stops remitting spousal maintenance payments?

A spouse who knowingly and intentionally refuses to pay court ordered spousal maintenance while having the ability to do so subjects himself or herself to being held in contempt of court and, among other possible penalties, being incarcerated in the county jail until such time the past due spousal maintenance payments are paid current. The court may also order additional sanctions, including ordering the suspension of the driver's license and professional license of the spouse refusing to pay his or her spousal maintenance obligation. If the Court orders a spouse to be incarcerated for failing to pay spousal maintenance, the judge must also enter an order including a lump sum amount that spouse may pay to be released from jail; a payment referred to as a purge payment. That purge payment must be an amount the spouse has the ability to actually pay.

Contact us today or call us at 480-305-8300 to schedule your consultation with AZ divorce attorney Christopher S. Hildebrand regarding Arizona alimony laws or any other Arizona family law matter.