{"id":371485,"date":"2019-01-09T17:36:40","date_gmt":"2019-01-09T22:36:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arizona-law\/arizona-alimony-laws.html"},"modified":"2024-06-07T16:05:26","modified_gmt":"2024-06-07T21:05:26","slug":"arizona-alimony-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arizona-law\/arizona-alimony-laws.html","title":{"rendered":"Arizona Alimony Laws"},"content":{"rendered":"\n
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Arizona Alimony Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In Arizona, alimony<\/a> or spousal maintenance is not guaranteed. Family law courts consider various factors to decide whether support is necessary and how much is appropriate.<\/span><\/p>\r\n

In 2023, the Arizona Supreme Court amended the spousal maintenance laws. The new guidelines apply to all spousal support orders entered after July 1, 2023. For dissolution petitions filed after Sept. 24, 2022, the court can use the new guidelines for modification petitions. Couples can agree that the new laws will not apply in these cases but can’t use the new guidelines for a "substantial showing of changed circumstances."<\/p>\r\n

The primary change in the maintenance laws was limiting alimony payments to a specific period of time. The limit is the amount of time reasonably necessary for the receiving spouse to become self-sufficient. In practice, judges still have great discretion in spousal maintenance awards.<\/p>\r\n

Overview of Arizona Alimony Laws<\/b><\/h2>\r\n

This is a brief overview of spousal support laws in Arizona with links to relevant statutes. Arizona’s government page has links to the new Spousal Maintenance Guidelines<\/a>. If you have questions or concerns about your divorce or legal separation or want to know how these laws may affect your divorce process, you should speak with an Arizona family law attorney<\/a>.
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Statute(s)<\/b><\/td>\r\n

Arizona Revised Statutes, Title 25, Chapter 3, Article 2:<\/p>\r\n

Factors considered to determine alimony award eligibility<\/b><\/td>\r\n

The new guidelines have three purposes. They help the requesting spouse become self-sufficient. They help courts keep spousal maintenance orders consistent. They provide tools for encouraging settlements in spousal maintenance payments by ensuring fairness.<\/p>\r\n

The court uses a spousal maintenance calculator when determining whether a spouse is eligible for support. Eligibility only means the spouse meets the statutory requirements. The judge can decide whether the spouse is entitled to support. Factors include:<\/p>\r\n

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  • Whether the recipient spouse has enough property to provide for their own reasonable needs
    \r\n<\/li>\r\n
  • Whether the spouse is self-sufficient through employment, is the custodian of a child whose condition or age prevents them from seeking employment, or lacks earning ability in the labor market
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  • Contributed to the educational or employment opportunities of the paying spouse
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  • The marriage was of duration, and the recipient spouse is of an age that may prevent getting a job that would allow them to be self-sufficient
    \r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
How a court determines alimony duration<\/b><\/td>\r\n

In determining the amount and duration of alimony, the court considers all relevant factors, including:<\/p>\r\n

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  • The standard of living during the marriage
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  • The length of the marriage
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  • The comparative financial resources of the spouses (including earning ability in the labor market)
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  • Contributions of the requesting spouse to the paying spouse’s career opportunities or education during the marriage
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  • Reasonable time for the requesting spouse to find employment and get education or job training
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  • The ability of both parties to contribute to the future educational costs of their mutual children
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    Other factors that can affect the duration and amount of spousal maintenance depend on the facts in the case. Spousal maintenance is not meant to be permanent. If a person needs long-term payments after a divorce case is over, they may need other types of support, such as disability payments.<\/p>\r\n<\/td>\r\n<\/tr>

Factors that do not affect alimony<\/b><\/td>\r\n
Factors that may affect alimony<\/b><\/td>\r\n
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  • A spouse may have income imputed to them if they can work but are voluntarily unemployed. Imputed income is based on earning capacity, employment history, skills, and job market.
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  • Marital waste, fraud, destruction, or deliberate concealment of marital property.
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  • Excessive expenditures or dissipation of the marital property.
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    Criminal behavior or domestic violence may be grounds for temporary spousal maintenance separate from any alimony court order.<\/p>\r\n<\/td>\r\n<\/tr>

Related statute(s)<\/b><\/td>\r\n

Arizona Revised Statutes, Title 25:<\/p>\r\n