Spousal Maintenance (Sometimes Referred to as Alimony)
In Arizona, the term “alimony” is often misused when referring to spousal maintenance—a court-ordered financial support that ensures one spouse can meet their reasonable needs after a divorce. While similar in concept, alimony and spousal maintenance are not the same. Alimony in other states may aim to maintain a marital standard of living indefinitely; Arizona law, however, focuses on temporary and need-based support, with strict guidelines.
What Is Spousal Maintenance?
Spousal maintenance is designed to help a financially dependent spouse transition toward independence after a marriage ends. It’s not automatic in Arizona. Courts evaluate whether a spouse qualifies and, if so, how much support should be awarded and for how long.
The goal is not to maintain a lifestyle, but to support reasonable financial needs until the spouse becomes self-sufficient.
Qualification: The 5 Legal Grounds Under A.R.S. § 25-319
To qualify for spousal maintenance in Arizona, one of the following five conditions must apply:
- Lacks sufficient property (including what was divided in the divorce) to provide for their reasonable needs.
- Lacks earning ability in the labor market sufficient to be self-sufficient.
- Is the parent of a child whose age or condition makes it inappropriate to seek outside employment.
- Contributed significantly to the other spouse’s education, career, or earning ability—or reduced their own career for the marriage.
- Had a long-term marriage and is of an age that makes becoming financially independent unrealistic.
If one or more of these are met, the court will consider awarding spousal maintenance.
How Is Spousal Maintenance Calculated in Arizona?
Unlike child support, which uses a fixed formula, spousal maintenance relies on a court-approved calculator that factors in:
- Length of the marriage
- Each party’s income
- Financial needs and abilities
- Standard of living during the marriage
The calculator generates a low, medium, and high monthly amount, along with a recommended duration range based on the length of the marriage. Judges may still exercise discretion, but this tool helps bring consistency to spousal maintenance orders.
🔎 Note: Indefinite spousal maintenance is not permitted in Arizona. All awards must have a defined duration unless agreed otherwise by the parties.
Can Spousal Maintenance Be Modified?
Yes—unless the parties agree to make it non-modifiable. If modifiable, either party can request a change based on a substantial and continuing change in circumstances, such as job loss or significant health issues.
Some divorcing couples negotiate non-modifiable terms in their divorce decree for predictability and finality. Once agreed and ordered by the court, those terms typically cannot be altered later.
Why It Matters to Get Legal Advice
Spousal maintenance can significantly impact your financial future—whether you’re requesting support or being asked to pay it. With multiple legal factors and strategic decisions involved, working with an experienced Arizona divorce attorney is essential.
At Rideout Law Group, we help clients throughout Scottsdale, Lake Havasu, and across Arizona navigate spousal maintenance with skill and clarity. We evaluate eligibility, calculate fair support, and advocate for lasting solutions that protect your interests.
Considering Divorce or Need Help with Spousal Maintenance?
📞 Call us at (480) 584-3328 (Scottsdale) or (928) 854-8181 (Lake Havasu) to speak with a trusted Arizona family law attorney.