Special maintenance is one of the many complicated factors that come into play in an Arizona divorce. The experienced Arizona spousal maintenance attorneys at Blake & Pulsifer, PLC can explain how it may affect your divorce.

Arizona law provides several factors for a judge to consider, and if a spouse meets any one of them, they may be eligible to be paid maintenance by the other spouse. Then, a judge may determine the duration and amount of spousal maintenance. Of course, you and your spouse are always free to reach your own agreement as part of the divorce.

Schedule a meeting with an Arizona divorce lawyer at Blake & Pulsifer, PLC by calling us at (480) 838-3000 to get legal advice regarding the divorce process and any post-divorce issues, such as spousal maintenance.

Spousal Maintenance Under Arizona Law

In Arizona, there is a threefold legal inquiry when spousal maintenance is involved. If the parties are not able to agree amongst themselves on spousal maintenance in their separation agreement, and a court is called upon to decide the matter, a judge must determine the answer to the following pertinent questions:

  • Whether spousal maintenance is called for based on the facts and circumstances of the situation
  • How long any form of spousal maintenance should last
  • How much spousal maintenance should be ordered by the court

When a Court May Award Spousal Maintenance

Spousal maintenance is governed by A.R.S. § 25-319. The first part of the law addresses whether there should be spousal maintenance in your situation, and it is the threshold question. The law lists a number of factors that could allow a judge to order spousal maintenance. These factors include:

  • If a spouse has insufficient property after the divorce to cover their own personal needs
  • One spouse does not have the earnings power in the labor market to be self-sufficient
  • The parent should not be compelled to seek work outside of the home due to the age of a child
  • The spouse has significantly decreased their own earnings capacity because they made contributions to the earnings ability of the other spouse
  • There was a long marriage, and one spouse is not of the age where they can work to increase their own earnings capacity

Is Spousal Maintenance Appropriate for My Situation?

Special maintenance may be appropriate for your situation if one of these factors applies. The judge does not have to weigh all five of them against each other. The statute is written in terms of a spouse not being “self-sufficient.” A spouse can still have some earnings power, yet they are not considered self-sufficient for purposes of the spousal maintenance law. In the 1977 case of Neal v. Neal, the Arizona Supreme Court held that a spouse who was capable of supporting herself through regular employment was not eligible for spousal maintenance. When it comes to spousal maintenance, the facts and circumstances of your own individual case would determine how a judge may rule. 

If a spouse is eligible for maintenance, the court then determines whether it is fitting for the situation. The initial factors only determine whether a spouse could theoretically be able to receive maintenance. If one of them is met, a court would then look at the relative circumstances of both parties to determine whether spousal maintenance should be awarded. Presumably, this inquiry would look at whether the other spouse has the ability to pay maintenance. 

The statute is only part of the story when it comes to spousal maintenance. When the Arizona legislature last amended the law in 2022, it instructed the Arizona Supreme Court to draft guidelines for judges to apply in spousal maintenance cases. These guidelines deal more with the amount and duration of spousal maintenance, as opposed to when it is awarded. In many cases, the two spouses may agree that maintenance is appropriate, yet they disagree on the duration and amount. Then, a court would decide the matter using these guidelines. The guidelines are not mandatory, yet many judges will rely on them when determining issues of spousal maintenance.

Spouses are better off when they are able to agree on key financial issues surrounding the dissolution of the marriage. When a case goes to court, there is always some unpredictability as to how the judge may rule. Still, it takes two to agree, and it is not always possible to resolve these matters in a separation agreement.

Contact an Arizona Family Law Attorney

Whether you are potentially paying or receiving spousal maintenance, you need help from an experienced Arizona Family Law attorney. The lawyers at Blake & Pulsifer, PLC can provide you with commonsense solutions and determined advocacy in the divorce legal process. Call us today at (480) 838-3000 or fill out a confidential contact form to learn how we can help.