SPOUSAL MAINTENANCE

Read the WARNING! first.

"Spousal maintenance," formerly called alimony, is governed by Arizona Revised Statutes, Section 25-319.

Spousal maintenance may be ordered if the Court finds that the spouse seeking maintenance:

1. Lacks sufficient property, including property apportioned to such spouse, to provide for his/her reasonable needs; or

2. Is unable to support himself/herself through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home, or lacks earning ability in the labor market adequate to support himself/herself; or

3. Contributed to the educational opportunities of the other spouse; or

4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to support himself/herself.

The maintenance order may be for such amount and for such period of time as is "just." The Court cannot consider marital misconduct in setting a maintenance order, but must consider all relevant factors including:

1. The standard of living established during the marriage;

2. The duration of the marriage;

3. The age, employment history, earning ability, and the physical and emotional condition of the spouse seeking maintenance;

4. The ability of the spouse from whom maintenance is sought to meet his/her needs while meeting those of the spouse seeking maintenance;

5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market;

6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse;

7. The extent to which the spouse seeking maintenance has reduced his/her income or career opportunities for the benefit of the other spouse;

8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children;

9. The financial resources of the party seeing maintenance, including marital property apportioned to such party, and such party's ability to meet his/her needs independently;

10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available;

11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.

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Arizona Revised Statutes, Section 25-319.
Maintenance; computation factors.

A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance:

1. Lacks sufficient property, including property apportioned to the spouse, to provide for his or her reasonable needs.

2. Is unable to support himself or herself through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to support himself or herself.

3. Contributed to the educational opportunities of the other spouse.

4. Had a marriage of long duration and is of an age which may preclude the possibility of gaining employment adequate to support himself or herself.

B. The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors, including:

1. The standard of living established during the marriage.

2. The duration of the marriage.

3. The age, employment history, earning ability and physical and emotional ondition of the spouse seeking maintenance.

4. The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance.

5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market.

6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse.

7. The extent to which the spouse seeking maintenance has reduced his or her income or career opportunities for the benefit of the other spouse.

8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.

9. The financial resources of the party seeking maintenance, including marital property apportioned to such party, and such party's ability to meet his or her needs independently.

10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.

11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.

C. If both parties agree, the maintenance order and a decree of dissolution of marriage or of legal separation may state that its maintenance terms shall not be modified.

D. Except as provided in subsection C of this section or section 25-317, subsection G, the court shall maintain continuing jurisdiction over the issue of maintenance for the period of time maintenance is awarded.

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