Types of Spousal Maintenance in Arizona

In Arizona, a spouse must first be eligible for maintenance under A.R.S. 25-319(A). The court then applies the Supreme Court’s guidelines, awarding maintenance only for the time and amount needed for self-sufficiency. Awards can be temporary, fixed-term or indefinite-term; there are no lifetime awards.

Spousal maintenance, not alimony

Arizona’s statute calls it maintenance. A court may grant it to either spouse in a dissolution or legal separation proceeding if the spouse seeking it meets at least one of the five eligibility conditions in A.R.S. 25-319(A). Eligibility is not the same as entitlement: once a spouse is eligible, the court calculates the amount and duration under the guidelines and awards maintenance unless it finds in writing that applying them would be inappropriate or unjust.

Self-sufficiency is the purpose

Under A.R.S. 25-319(B), maintenance under the guidelines is for a period and in an amount necessary to enable the receiving spouse to become self-sufficient. The guidelines state three purposes: helping the requesting spouse become self-sufficient, consistency for people in similar circumstances, and guidance that promotes settlements.

Fixed-term and indefinite-term awards

The guidelines distinguish a fixed-term award from an indefinite-term award. A court sets a fixed term when the burden of proof on a later request to extend should be on the receiving spouse; an indefinite-term award puts the burden on the paying spouse to show substantial and continuing changed circumstances to end it or set a date. If the burden is more properly on the receiving spouse, the court must order a fixed-term award. There are no “lifetime” awards (Section IV.E).

Temporary maintenance

A court can enter temporary spousal maintenance orders while the case is pending. Unless the court orders otherwise, temporary maintenance does not count toward the duration of the final award, and its start date is the first day of the month following service of the temporary orders motion (Sections IV.D and VI).

Agreements

Spouses can agree to maintenance terms under A.R.S. 25-317 without using the guidelines if each acknowledges awareness of the guidelines and the calculator. If both parties agree, the decree can also state that its maintenance terms shall not be modified (A.R.S. 25-319(D)).

Factors the court weighs

A.R.S. 25-319(B) lists thirteen factors the guidelines are based on and that are weighed together: the standard of living during the marriage; the duration of the marriage; the age, employment history, earning ability and condition of the spouse seeking maintenance; the paying spouse’s ability to meet both households’ needs; comparative financial resources; contributions to the other spouse’s earning ability; reduced income or career opportunities for the other’s benefit; the ability of both parties to contribute to the children’s future education costs; the financial resources of the spouse seeking maintenance, including property apportioned to that spouse; the time needed to acquire education or training; wasteful spending, concealment or fraudulent disposition of property; the cost of health insurance for the receiving spouse and the savings for the paying spouse; and damages from criminal conduct against the other spouse or a child.

What to gather

Because eligibility turns on the five conditions and the guidelines turn on incomes and months of marriage, gather the marriage and service dates, income records for both spouses for several years, records of education, training and time out of the workforce, health insurance costs, and information about property each spouse will receive. Run the court’s official calculator with accurate figures and keep a copy of the worksheet.

See your duration range

The Arizona spousal maintenance calculator applies the duration rules to the dates of your marriage. How the ranges work is explained in how long maintenance lasts in Arizona.

Frequently asked questions

What types of spousal maintenance does Arizona have?

The guidelines address temporary maintenance, fixed-term awards and indefinite-term awards, all limited by the goal of self-sufficiency. Arizona has no lifetime awards.

Who is eligible for spousal maintenance in Arizona?

A spouse who lacks sufficient property, lacks adequate earning ability, parents a child who needs the parent at home, contributed significantly to the other spouse's career or education, or had a long marriage and is of an age that may preclude adequate employment.

Is spousal maintenance automatic in Arizona?

No. A spouse must first be eligible, and the court then applies the guidelines. It can deviate, including awarding nothing, if it finds the guideline amount inappropriate or unjust.

Can spouses agree to waive Arizona spousal maintenance?

They can agree under A.R.S. 25-317 if each acknowledges awareness of the guidelines and the calculator.

Does temporary maintenance count toward the final duration in Arizona?

Unless the court orders otherwise, temporary spousal maintenance is not part of the final award's duration.

Official sources

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This is general information, not legal advice. It is based on the cited Arizona statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arizona attorney.