What is Alimony or Spousal Maintenance in Arizona?
Spousal maintenance in Arizona will not necessarily be granted in every divorce or legal separation case. Alimony in Arizona is a delicate subject, which will affect whether the person receiving alimony will be able to support themselves, as well as whether the person ordered to pay spousal maintenance will be able to pay his or her living expenses.
In Arizona there are three forms of spousal maintenance:
- Permanent Alimony: This type of alimony is granted when spouses are unable to appropriately support themselves and there is no indication that he or she will ever be able to support themselves in the future. This typically occurs when someone has a significant disability;
- Rehabilitative Alimony: Rehabilitative spousal maintenance is awarded when a spouse is unable to support themselves at the current time, but will be able to do so if he or she were to attain additional education, work experience or training that would enable him or her to support themselves in the future; or
- Compensatory Alimony: Compensatory spousal maintenance may be awarded when one spouse has contributed to the educational opportunities of the other spouse. For example, if a spouse had supported the family throughout the marriage to allow the other spouse to obtain education or further his or her career.
Although not technically a spousal maintenance case, the Arizona Court of Appeals in the Pyeatte v. Pyeatte case held that the divorce court could enforce a promise between spouses made during the marriage for one spouse to pay for the spouse’s college education.
It is important to know that certain eligibility requirements must be met in order for a spouse to receive spousal maintenance in Arizona. These requirements include:
- The spouse lacks sufficient property to provide for his or her reasonable needs;
- Is unable to support themselves through appropriate employment;
- Must care for a child who is of such a young age that he or she should not be expected to work;
- Contributed to the educational opportunities of the other spouse;
- Had a marriage of long duration; or
- Is of an age that precludes a spouse from finding appropriate employment.
Contact Our Scottsdale Arizona Alimony Attorneys
Contact us today or call us at (480) 305-8300 to schedule your consultation with one of our Scottsdale Arizona Spousal Maintenance Attorneys today regarding any questions you have regarding Arizona spousal maintenance laws or any other family law matter.