Under Arizona's laws, alimony (or spousal support) is called "spousal maintenance" and is often referred to simply as "maintenance." Spousal support is not guaranteed; instead, a court will look at a variety of factors to determine if it's appropriate. It's important to note that whether a parent receives any federal disability benefits from military service-related injuries won't affect whether a spouse receives spousal support. If a person has notice of a court order to pay spousal support and willfully and without lawful excuse fails to pay it, they'll be guilty of committing a class 1 misdemeanor.
Arizona Alimony Laws: The Basics
The following table provides a brief overview of spousal support laws in Arizona as well as links to relevant statutes. While this table is helpful, it's important to read the actual text of the laws yourself and consult with an attorney if you have specific questions.
Arizona Revised Statutes, Title 25, Chapter 3, Article 2:
- Section 25-319 (Maintenance - Computation Factors)
- Section 25-322 (Payment of Maintenance or Support)
- Section 25-327 (Modification and Termination for Provisions for Maintenance, Support and Property Disposition)
|Factors Considered to Determine if Alimony Should Be Awarded
A court may grant an order for maintenance if it finds that the requesting party:
- Lacks sufficient property to provide for their own reasonable needs;
- Isn't able to be self-sufficient through employment, is the custodian of a child whose condition or age make it that they shouldn't seek employment, or lacks earning ability in the labor market;
- Contributed to the educational opportunities of the other spouse; or
- Was married for a long time and is at an age that may preclude the possibility of getting a job that would allow them to be self-sufficient.
|How a Court Determines the Amount and Length of Time Alimony Will Be Paid
In determining how much alimony should be paid and how long it should be paid for, the court considers all relevant factors including*:
- The standard of living during the marriage;
- The length of the marriage;
- The comparative financial resources of the spouses (including earning ability in the labor market);
- The extent to which the requesting party reduces their own income or career opportunities for the benefit of the other spouse; and
- The ability of both parties to contribute to the future educational costs of their mutual children.
*For a full list of factors, please see Section 25-319(B).
Arizona Revised Statutes, Title 25:
- Chapter 3, Article 2, Section 25-311, et seq. (Dissolution of Marriage)
- Chapter 5, Article 3, Section 25-551, et seq. (Spousal Maintenance Enforcement)
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Arizona Alimony Laws: Related Resources
For additional information and resources related to this topic, please visit the links listed below.
Have Questions About Alimony Laws in Arizona? Speak with an Attorney
Getting divorced is already a stressful event to deal with, but if you're worried about how you're going to financially support yourself when the divorce is completed, it can be even more stressful. If you have questions about spousal support or would like help requesting it, it's best to contact a local divorce attorney who can explain how Arizona alimony laws affect your unique situation.