Spousal Maintenance FAQs

A former spouse cannot avoid spousal maintenance or child support by voluntarily reducing or terminating his or her employment. The Court has the discretion to attribute income to a spouse who voluntarily reduces his or her income and to require the paying spouse to pay spousal maintenance or child support in the former amount. The test is earning potential, not the actual earnings if there was some kind of mischief.

Yes, under certain circumstances and depending upon how your decree or property settlement agreement was drafted.

Spousal maintenance terminates upon the death or remarriage of the receiving spouse. This is called non-modifiable but excludes these two situations. There will be a beginning date and an ending date for the payments if you negotiate it and if a court orders it.

It can be paid directly from one spouse to the other. Both parties should keep very accurate records of the payments. The court may order the payments to be made through the Clearinghouse, administered by the State of Arizona. They keep track of payments for you. Failure to pay is more easily handled in the court if the payments go through the Clearinghouse. Be aware that there is a lag time between the time payment is made and the time it is received if you go through the State.