What is Spousal Maintenance?

What is Spousal Maintenance?

Spousal maintenance (formerly known as alimony) is a monthly payment from one spouse to another, which is designed to allow for the spouse who earns less income to establish a home and living environment on his/her own. Spousal maintenance is used for an easier transition to becoming a single person in certain circumstances. Spousal maintenance will not last forever; it is designed to help a person get on his/her feet. The two factors explained are from A.R.S. §25-319.

Factor One: Sufficient Property, Ability to Support Oneself, Educational Support and Marriage of Long Duration

If you answer yes to any of the following, go to Factor Two.

The first threshold question that the court must determine is whether:

  1. A spouse lacks sufficient property to meet his or her reasonable needs
  2. A spouse can’t support him/herself by employment or must stay home with a young child
  3. A spouse supported his or her spouse’s education
  4. The marriage was long and a spouse has little chance of employment
If one of the above threshold questions is yes, then Factor Two is analyzed.

Factor Two: Amount and Duration

If Factor One is met, then the Court considers the following:

  1. Length of the marriage
  2. Each party’s age
  3. Each party’s health
  4. Employment of both parties
  5. The standard of living established during the marriage
  6. The parties’ respective resources
  7. A party’s deferment of career opportunities
  8. Assistance in the career opportunities of the other part
Next: Spousal Maintenance Questionnaire

(For the spouse requesting spousal maintenance) How many years have you been married?  ____________________ Are you presently employed?  ____________________ If yes, where?   ____________________ How long have you been employed there?  ____________________ What is your rate of pay?  ____________________ What education was necessary for you to acquire that position?  ____________________ If no, where were you...

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