Who Can Get Spousal Maintenance?
Arizona is a “no fault” divorce state. This means the court cannot consider marital misconduct when deciding whether to award, or not to award, spousal maintenance. Whatever fault there may have been — infidelity, alcoholism, gambling, drug problems, and the like — it is not a factor in awarding such support. Which spouse initiated the divorce has no bearing on the court’s decision to award maintenance either. The controlling statute is A.R.S. § 25-319 which involves a two-part test to determine the appropriateness of maintenance in the family law case.