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. (A questionnaire and calculation worksheet are included at the end of this chapter).
If you answer yes to any of the following, go to Factor Two.
The first threshold question that the court must determine is whether:
If one of the above threshold questions is yes, then Factor Two is analyzed.
If Factor One is met, then the Court considers the following:
In Arizona, there is no statutory formula for calculating spousal maintenance; however, there is an unofficial “guidelines” formula that is used by many attorneys and some judges (see questionnaire, worksheet at the end of this chapter).
Arizona judges have broad discretion in determining whether or not to award spousal maintenance and in determining the amount and duration of spousal maintenance awarded. It is best to speak directly with an attorney regarding your specific situation to get an idea of whether spousal maintenance might be awarded in your case.