Is There Alimony in Arizona?

In Arizona, alimony is called spousal maintenance. Spousal maintenance may be ordered if the requirements of the statute are met. The statute is Arizona Revised Statutes §25-319. To receive spousal maintenance, a person must show that he or she meets one of the following requirements:

1. Lacks sufficient property to meet his or her reasonable needs.

2. Is unable to support himself or herself through appropriate employment, or has custody of a child whose age and condition precludes outside employment, or lacks sufficient earning ability to support himself or herself.

3. Contributed to the educational opportunities of the other spouse.

4. Had a marriage of long duration and is of an age which may preclude the possibility of gaining adequate employment to support himself or herself.

If one of these requirements is met, then the Court considers a list of eleven different factors, which do not include marital misconduct. The factors include the length of the marriage, the age and earning ability of each spouse, the need to contribute to the education of children, the standard of living during the marriage, the extent to which either spouse contributed to the earning ability of the other or reduced his or her own income or career opportunities, the financial resources of each party, the time necessary to obtain education or training to become employable, and excessive expenditures or destruction of community property.

The monthly amount and length of time for payment of spousal maintenance is based on these factors. The judge considers the length of time that the spouse receiving the spousal maintenance will need to become employable and/or self-supporting, if this is possible.