Considerations In Awarding Spousal Maintenance

Arizona does not have a formula for determining spousal maintenance or alimony following divorce. While Maricopa County had a formula at one time, the court ultimately rescinded its use since judges were not required to follow it. Instead, courts will look at a number of factors to determine the amount of alimony payments and how long those payments should continue.

Those factors include:

  • The standard of living established during the marriage
  • The duration of the marriage
  • The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance
  • The ability of the payer to meet his or her own needs while meeting those of the spouse seeking maintenance
  • The comparative financial resources of each spouse, including their comparative earning abilities in the labor market
  • The contribution of the spouse seeking maintenance to the earning ability of the other spouse
  • The extent to which the spouse seeking maintenance has reduced his or her own income or career opportunities for the benefit of the other spouse
  • The ability of both parties to contribute to the future educational costs of their children
  • The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse's ability to meet his or her own needs independently
  • 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
  • Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common
  • The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved
  • All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim

Spousal maintenance may be permanent or temporary and may or may not be modifiable.

Contact Our Spousal Maintenance Attorneys

For more information about considerations in awarding spousal maintenance, turn to the lawyers of DeShon Laraye Pullen PLC. To schedule an initial consultation, call 602-626-9552, 800-409-0262 or contact our office online.