Belt Law Blog

Alimony in Arizona

4July
2012

What happens to a stay-at-home mom or dad when they are going through a divorce?  They do not work out of the house, but rely on their spouse for support while they take care of the children, do the shopping, and take care of the day-to-day chores of keeping up a house.  Alimony, or spousal maintenance, in Arizona depends on the situation in each divorce and is governed by Arizona Revised Statutes, Section 25-319.

Under the Uniform Marriage and Divorce Act,  the court may grant a maintenance order  for either spouse for any of the following reasons if it finds that the spouse seeking maintenance in either a dissolution of marriage or a legal separation:

  • Lacks sufficient property to provide for his or her needs
  • Is unable to be self-sufficient or is caring for a child whose age or condition makes it unreasonable to seek outside employment
  • If one spouse contributed to the educational opportunities of the other spouse
  • If the marriage was long-term and the spouse‚Äôs age makes getting employment difficult

A court cannot consider marital misconduct in setting a maintenance order, but must consider all relevant factors including the following:

  • The standard of living established during the marriage
  • The duration of the marriage
  • The age and earning ability of the spouse seeking maintenance
  • The ability of the spouse paying maintenance to meet his or her own needs
  • The comparative financial resources of both spouses
  • The contribution of the spouse seeking maintenance to the earning ability of the other spouse
  • The ability of both spouses to contribute to the educational cost of their mutual children
  • The time necessary for the spouse seeking maintenance to receive training to become employable
  • The effect of health insurance costs due to the dissolution of the marriage

An order for spousal maintenance is usually ordered for a specific time until the spouse who is receiving the support prepares to be financially able to live without the support payments.  Spousal payments are taxable income to the receiving spouse, and tax deductible by the paying spouse.

Posted in Alimony |
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