Spousal Support Attorney Phoenix – Arizona Alimony Lawyer Near You

Here’s How Arizona Spousal Support & Maintenance Is Defined: What You Need To Know

Spousal maintenance, referred to frequently as alimony or spousal support, is a court-ordered financial support payment that one spouse (the obligor) pays to the other spouse or former spouse during or after a divorce, legal separation, or domestic violence restraining order case. The primary goal of spousal maintenance is to enable the receiving spouse to become self-sufficient. Under Arizona spousal maintenance guidelines, support is ordered for a fixed term.

Navigating Arizona Spousal Maintenance & Support Guidelines

The challenge is in establishing the need for spousal maintenance in the divorce case and, when need is shown, determining how much support and how long payments should be made. For many spouses, recent changes in the law make alimony decisions more predictable through application of a clearly defined process. Spousal support awards for similarly situated people are more consistent and uniform than they have been historically. Still, it’s essential that you understand how courts evaluate the need for spousal support and how the amount is calculated. Applying the spousal maintenance guidelines and calculator is necessary in determining an amount range and duration range. The court has discretion in several areas, including within those presumptive ranges.

How Courts Determine Spousal Maintenance

Spousal maintenance decisions are made by the court after evaluating various financial and work-related factors of both parties. Recurring considerations in the guidelines include:

• Length of the marriage: Longer marriages are more likely to involve spousal support, particularly when one spouse was financially dependent on the other.
• Income level of each spouse: The court examines each spouse’s earnings and financial stability, ensuring both spouses can maintain a reasonable standard of living.
• Work history and earning capacity: Employment history and future earning potential play a significant role, especially if one spouse sacrificed career opportunities for the marriage.

Only after the court finds the spouse is eligible for support will it continue the guidelines analysis and make necessary calculations. The same guidelines are used to determine the amount range for both temporary and permanent alimony orders.

Legal Guidance and Resources

Begin building your understanding of spousal maintenance by reviewing the Arizona spousal maintenance statute – A.R.S. 25-319. Also consult an experienced Arizona family law attorney who can provide valuable insight and customized guidance. A knowledgeable lawyer specializing in spousal maintenance can help negotiate alimony payments, or contest them, and ensure a fair settlement. For a preliminary assessment of potential spousal support, use our free Arizona alimony calculator to estimate what your support payments might be under Arizona law.

Why Do Ex-Spouses Receive Spousal Support?

The purpose of spousal support is to assist the lower-income earner in becoming self-sufficient. For practical reasons, the supported spouse needs time to complete training, education, or career advancement in order to become self-sufficient. It is typically a monthly payment received by one spouse from the other, with different amounts and length. As you can imagine, the exact circumstances of a spousal support order are heavily dependent on the facts of each case.

Is spousal maintenance the same as spousal support?

Yes, it is. Spousal maintenance, also referred to as spousal support or alimony, is court-ordered support paid by the obligor-spouse to the other spouse or former spouse (the obligee) to the divorce or legal separation.

 

Awarding Spousal Maintenance and Spousal Support Attorneys in Phoenix

Arizona is a “no fault divorce” state. The court cannot consider any acts of marital misconduct or fault when deciding whether or not to award spousal maintenance. Which spouse filed for divorce has no bearing on the court’s decision either. Know that, whatever marital fault there may have been – adultery, gambling, addiction, substance abuse – fault is not a factor in awarding alimony money. However, a spouse’s fault may be a factor in the court’s deviation from the guidelines, such as excessive spending or fraudulently disposing of community assets.

Guidelines provide the step-by-step analysis required by law when deciding to award spousal maintenance in the divorce or legal separation.

Step One – Eligibility for Spousal Maintenance

Always begin with the spouse’s eligibility for support. The party requesting spousal maintenance must prove a genuine need for support money using the eligibility criteria in A.R.S. 25-319(A). This is a threshold determination – eligibility depends upon the court’s finding of financial need. The court does not apply the guidelines or use the calculator unless and until the spouse is determined eligible for maintenance.

Is spousal maintenance automatic in high income divorces?

No. High income entitlement to spousal maintenance does not exist in Arizona law. A party must request spousal support first. Then actual need for financial support must be established – this is the eligibility step. The court must make a finding on eligibility before the case for alimony can proceed further. For the majority of spouses, offering evidence to satisfy the eligibility requirement will not be unduly burdensome. Being prepared with evidence, proving actual need, and making your best case is why hiring an experienced spousal support lawyer is the smart thing to do.

Is the spouse eligible? A spouse is eligible for support when at least one of the following five circumstances is proved:

1. Insufficient property: The spouse lacks sufficient property to provide for reasonable needs. Include all assets and debts apportioned to that spouse in the property settlement.
2. Inadequate earnings: The spouse’s earning ability in the labor market is inadequate to provide for self-sufficiency.
3. Parent caregiver: The spouse cares for a child whose age or condition is such that the party should not be required to seek employment outside the home.
4. Marital contribution: The spouse made significant financial or other contributions to the education, training, vocational skills, career or earning capability of the other spouse. Or significantly reduced income or relinquished career choices for the benefit of the other spouse.
5. Years married: The parties had a lengthy marriage and the spouse’s age likely precludes the possibility of obtaining adequate employment to become self-sufficient.

After a finding of eligibility, the court moves on to the amount range and duration range.

How is need proved in high-asset divorce? Can income be attributed to the spouse who worked part-time or seasonally? Is the supported spouse the primary residential caregiver of a very young or disabled child? Did the spouse lose opportunities for job advancement in order to benefit the other party’s career? How old are the spouses? How many years were they married? Get answers from an experienced spousal maintenance attorney on these and other alimony questions.

Step Two – Amount and Duration of Spousal Maintenance

Once the court finds the spouse eligible for maintenance, guidelines are used to determine how much support should be paid and for how long.

Amount Range and Duration Range in the Guidelines

In every alimony case, the court applies guidelines to determine the applicable amount range and duration range. Within the appropriate amount range, the court calculates a specific dollar amount to award. At this point the court may deviate from the guidelines, thus avoiding an unjust or inappropriate award. After careful consideration of the statutory deviation factors in A.R.S. 25-319(B), the court may order more, less, possibly zero support.

Is an award of zero dollars possible under the guidelines?

Yes. If the spouses’ combined annual income is above 80% of the state minimum wage yet below $44,000; or if their combined annual income is 80% or less than the state minimum wage, then a zero award under the guidelines is possible. Regardless of their combined income, spouses may mediate or negotiate a support agreement that avoids a zero award. For all other awards the court determines a support duration range, specifying the termination date.

In general, the amount range is consistent with both parties’ ability to maintain self-sufficiency for the entire period alimony is to be paid. The duration range sets a period in which the obligor is self-sufficient and the receiving spouse is able to become self-sufficient. Always consult your family law attorney regarding the specifics of your alimony case.

What duration ranges are in the guidelines?

Five duration ranges in the guidelines are directly tied to attaining self-sufficiency. How long will it take for this spouse, under these circumstances, to accomplish this goal?

Duration ranges are based on the number of months the spouses’ were married. Start counting on the wedding date and stop counting on the date of service of process of the petition for divorce or legal separation. The five standard duration ranges are:

• Range 1: Were you married less than 24 months? The duration range is 3 to 12 months.
• Range 2: Married 24 months but less than 60 months? The duration range is 6 to 36 months.
• Range 3: Married 60 months but less than 120 months? The duration range is 6 to 48 months.
• Range 4: Married 120 months but less than 192 months? The duration range is 12 to 60 months.
• Range 5: Married 192 months or more? The duration range is 12 to 144 months or 50 percent of the marriage length, whichever is greater. Unless, however, the marriage is subject to the Rule of 65.

Rule of 65 in Lengthy Marriages

Guidelines Rule of 65 combines the support recipient’s age with the years married to provide for the older and longer-married spouse. The court has discretion to adjust the alimony duration range only if:

• The supported spouse is 42 years of age or older;
• The marriage lasted at least 192 months (16 years); and
• The supported spouse’s age plus the number of months married exceeds 65.

With duration range determined, the court then sets a specific period within that range for the maintenance award. The court reviews the A.R.S. 25-319(B) factors and sets a termination date. These same factors also apply to deviations from the guidelines.

Extraordinary Circumstances Affect Spousal Maintenance Duration

Extraordinary circumstances can impact a spouse’s self-sufficiency, requiring case-by-case analysis of the duration range by the court. The guidelines provide several examples of what the spouse’s extraordinary circumstances could look like:

• A catastrophic event, illness, or injury;
• A child’s age or condition makes seeking employment inadvisable for the custodial parent; and
• A spouse’s conduct led to actual damages, judgments, and conviction of a crime against the other spouse or child victim.

Disability is another extraordinary circumstance. When permanent disability impedes attaining self-sufficiency, the court decides duration of the support award on a case-by-case basis. A supported spouse may petition the court for modified alimony because of indefinite disability (or temporary disability), but must carry the burden of proving the disability is affecting self-sufficiency.

Case for Deviation from the Guidelines

Although its discretion is limited, the court may deviate from the guidelines when ordering spousal support. (We’re not talking about a valid alimony agreement that differs in amount and duration from the guidelines result – that’s permissible.) Before any deviation, the family law judge must find that, given the circumstances, adhering to the result under the guidelines and calculator would be inappropriate or unjust. The court’s basis for the deviation is written into the order. Although the court has greater discretion to deviate from the amount range, it can only deviate from the duration range in certain situations.

Deviation Factors in Amount of Spousal Support

Determining whether deviation from the amount range is appropriate requires consideration of numerous factors specified in Section 5 of the guidelines. These are:

1. The standard of living established during the marriage;
2. The marriage length;
3. The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
4. The ability of the spouse from whom maintenance is sought to meet that spouse’s needs while meeting those of the spouse seeking maintenance;
5. The spouse’s comparative financial resources, including their comparative earning abilities in the labor market;
6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse;
7. How much the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the other spouse’s benefit;
8. The ability of both parties after the dissolution or legal separation to contribute to the future educational costs of their mutual children;
9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet that spouse’s own needs independently;
10. Excessive or abnormal expenditures, destruction, concealment, or fraudulent disposition of community, joint tenancy, and other property held in common;
11. The cost for the spouse seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought can convert family health insurance to employee health insurance after the marriage is dissolved;
12. All actual damages and judgments from conduct that led to the criminal conviction of either spouse in which the other spouse or a mutual child was the victim;
13. The payment or receipt of spousal maintenance would compromise the spouse’s ability to receive and afford out-of-pocket necessary or extraordinary health care or mental health services;
14. One spouse is the custodian of a child whose age or condition is such that the custodian should not have to seek employment;
15. One or both spouses reside in a location with significant price variation from the other spouse such that a deviation is necessary for parity between the spouses;
16. The tax rates for each spouse; or
17. The financial debt of parties assigned during the dissolution or legal separation proceedings.”

These deviation factors are drawn from A.R.S. 25-319(B), the Arizona spousal maintenance statute.

Be prepared to present sufficient, accurate documentation with any request for spousal maintenance, including financial information about earnings and work history. If you haven’t worked or worked only part-time, then you may be eligible for maintenance. Whether you are in need of spousal support or believe you should not be required to pay it, take time to familiarize yourself with Arizona’s spousal maintenance statute. Protect your rights. Understand how the court will apply the guidelines and analyze the factors relevant to your circumstances.

Read spousal maintenance details for a complete analysis of the statutory factors in Arizona spousal maintenance law.

Using the Spousal Maintenance Calculator

Guidelines with calculator results is required for all spousal support orders dated on or after Sept. 1, 2025. Exceptions to that rule are cases where spouses have an alimony agreement and default divorces (alimony eligibility must still be established).

How does the spousal maintenance calculator work?

The baseline amount range is calculated by inputting data into the spousal maintenance worksheet. Key information is family size, combined income, and expenditures.

FAMILY SIZE

How many people in the household on the date of service of the divorce petition? There are five family size categories – one, two, three, four, and five-or-more persons. A few counting rules are worth noting. Count a child from a prior relationship when child support is actually paid and the spouse is not the primary residential parent. Count the child from a prior relationship when the spouse is the residential parent and is receiving child support. Count the adult disabled child if support is legally required and is being paid. Don’t count any adult children living at home if the parties have no legal obligation to support them.

COMBINED INCOME

Income for calculating spousal maintenance encompasses more than earned income for tax purposes. Include actual income or attributed income assigned by the court for an unemployed or underemployed party. A spouse’s financial resources are also included, such as income-producing property, property capable of reducing expenses, certain retirement assets, deferred compensation, investments, and Social Security retirement benefits.

Dissipation of an income-generating marital asset, excessive or abnormal spending, or other marital waste could have negative consequences for the responsible party. Marital waste is also a factor the court examines in deviating from the guidelines.

Spousal Maintenance Calculation for High Income Spouses

An adjustment applies to higher-income households. Another motivation for many parties to negotiate alimony agreements in good faith and avoid the calculated guidelines amount.

High Income Adjustment: When the intact-family-income per year is $175,000 or more, then 1% is added to the support amount for every $2,500 in income up to 70% (cap). Because this may result in less support than calculated under the pre-2025 guidelines, consult an attorney about petitioning for modification of an earlier alimony award.

EXPENDITURES

Expenditure schedules in the calculator reflect the marital standard of living.

Is marital debt included in the spousal maintenance calculation?

No. Marital debt, including the parties’ home mortgage, is not directly factored into spousal maintenance calculations. However, a court may consider marital debt and its dischargeability in bankruptcy. Talk to your attorney about bankruptcy in divorce.

In addition to the loan principal, mortgage payments typically include amounts for loan interest, property taxes, mortgage insurance, and homeowners insurance. Payments on mortgage principal are not included when calculating spousal maintenance for orders entered on or after Sept. 1, 2025. This is a significant departure from earlier guidelines and may result in lower support awards for spouses with a mortgage on their marital residence. A negotiated alimony agreement could circumvent negative consequences and include an alimony amount sufficient to cover all or a portion of the mortgage principal payments (debt).

When don’t the guidelines apply to alimony orders?

Guidelines do not apply to original petitions for divorce or legal separation filed before Sept. 24, 2022 – date A.R.S. 25-319 was amended – unless the parties agree otherwise. Guidelines do apply to original petitions for divorce or legal separation filed on or after Sept 24, 2022. Guidelines also apply to petitions contesting spousal support filed on or after Sept. 24, 2022. Make sure you rely on the correct guidelines version. Revised Arizona guidelines and calculator went into effect Sept. 1, 2025, for maintenance orders entered on or after that date.

If the original petition for divorce or legal separation was filed on or after Sept. 24, 2022, and the spouses have an A.R.S. 25-317 alimony agreement, then they may choose not to have the guidelines and calculator applied to their agreement. After they acknowledge awareness of the guidelines and calculator (and opportunity to make calculations), the court will not apply the guidelines or calculator to their case.

How Guidelines Affect Modification of Spousal Support Orders

The court has continuing jurisdiction over spousal maintenance until the award terminates. If the supported spouse petitions for modification of an existing alimony order to extend the duration or increase the amount, then that spouse has the burden of proving what substantial and continuing changed circumstances are reason for modifying the order. For example, proof of significantly decreased income following a job loss or inability to attend classes after a disabling injury may be sufficient reason to modify the spousal support order.

When an alimony award is for an indefinite term and the obligor-spouse petitions for modification to shorten or terminate the award, the burden of proving substantial and continuing changed circumstances is on the obligor.

Was the original petition for divorce or legal separation filed before Sept. 24, 2022?

If so, then guidelines do not apply and cannot form the basis for a finding of changed circumstances under A.R.S. 25-327. However, when a party establishes changed circumstances under prior law, the judge has discretion to consult the guidelines to determine the award amount. But can never consult the guidelines to determine award duration.

Was the original petition for divorce or legal separation filed on Sept. 24, 2022, or after?

If so, then the court will apply the guidelines to the modification petition. A party may establish a substantial and continuing change of circumstances by showing how application of the guidelines would change the existing order.

Arizona Spousal Maintenance Agreements for Spousal Support – Alimony Lawyer Near You

Guidelines have another goal – promoting settlements. Using the guidelines result as a baseline, spouses may agree to their own alimony arrangement and include those terms in their divorce settlement. A written alimony agreement must comply with the Arizona statute on separation agreements A.R.S. 25-317. Alternatively, the parties’ agreed alimony terms may be stated on the record for a binding agreement pursuant to ARFLP Rule 69.

To decide spousal maintenance, the court must apply the guidelines. This involves determining a spouse’s eligibility and need, considering numerous factors, setting an amount range and duration range, and more. Knowing the likely result under the guidelines both motivates and keeps reasonable the parties’ efforts to reach an agreement on their own. In doing so, they are free to develop the creative, tailored solutions they believe will work best for them. Through mediation and negotiation during the divorce process, parties can effectively address support issues. They can mutually decide key aspects, such as need, entitlement, amount, duration, future modification (or no modification), and conditions for terminating support.

Absent agreement to the contrary, a maintenance award may be modified if a substantial and continuing change in circumstances occurs after the original order was entered. When the settlement agreement makes spousal maintenance non-modifiable, the non-modification stipulation is clearly stated in the court’s order and final decree.

In most cases, it is advantageous for spouses to negotiate property division and spousal maintenance settlements independently. This is how parties maintain control over the outcome, potentially leading to what they reasonably believe is best and fair.

By agreement, spousal maintenance can be structured in various ways. Payment might be made in a lump sum, in periodic installments, or a combination of both. Support can also be provided through property division by transfering title, granting possession or interest in personal property, or establishing a possessory or security interest in real estate.

Termination of Spousal Maintenance – How Do You Stop Alimony Payments? A Spousal Support Lawyer Near You Explains

In Arizona law, spousal maintenance terminates on the end date in the court’s order. Amount, expiration date, and modifiability are all stated in the order. What should you do when the termination date draws near? Talk to an attorney about court-ordered termination or if reviving or modifying alimony is possible.

Unless parties agreed otherwise, A.R.S. 25-327(B) makes termination automatic upon the supported spouse’s remarriage or the death of either party. To assure that maintenance payments continue for the entire period ordered, the court may also require (or parties agree) that a life insurance policy be purchased in the event of the obligor’s death.

Does cohabitation terminate alimony?

No, not directly. The supported party’s continuous romantic cohabitation does not form the basis for termination of alimony, but it may justify modification. Living with someone can be a substantial and continuing change of circumstances justifying decreased payments with recipient’s improved finances or termination for lack of need. Spouses can include a cohabitation provision in their separation agreement as well.

Tax Considerations for Alimony Payments and Spousal Support – Arizona Spousal Maintenance Attorneys

As for federal income tax treatment of alimony, spousal maintenance payments are neither deductible by the paying spouse nor includible as income to the recipient spouse – that’s the current law as the Tax Cuts and Jobs Act (2017) were made permanent in 2025. Was the date of your separation instrument before or after Jan. 1, 2019?

Income tax on maintenance is directly tied to the date of the alimony agreement. Here’s the rule:

Tax treatment of alimony depends upon the date the divorce or separation agreement was signed or finalized. The pivotal year is 2019. If the divorce or separation instrument is dated before Jan. 1, 2019, then alimony payments received are includible in the supported spouse’s income and are deductible from the paying spouse’s income – that’s the old rule.

There is a modification exception for pre-2019 agreements modified after Dec. 31, 2018. If the post-2018 modification specifically repealed the alimony deduction (for example, “the post-2018 rules apply to this 2026 alimony modification”), then there is no tax impact – no income inclusion and no income deduction. For more information, read IRS Publication 504 – Divorced or Separated Individuals. For specific tax advice, we recommend you consult with your independent tax advisor.

Common Arizona Spousal Support Questions – Answered By An Alimony Lawyer Near You

How long do I have to pay spousal support in Arizona?

Determining the duration and amount of spousal maintenance is complicated. Some of the variables considered would be:

• Length of marriage
• History of excessive spending, concealment, or fraudulent disposition of joint property
• Both spouses’ combined ability to finance future educational costs for their children
• Age, employment history, earning power, physical condition, and mental condition
• Personal financial resources and property – this dividing family-owned business assets either party owns
• Health insurance costs
• Standard of living

Is spousal support mandatory in Arizona?

No. A spouse requesting alimony in Arizona must first establish that they are eligible for alimony.

What if spousal support is not paid?

Payments are enforced if a court order is obtained. Late payments are not treated as ordinary debt and are therefore not dischargeable in bankruptcy. Some options if a spouse is not paying include:

• Placing a lien on real estate
• Taking of tax returns
• Using an income withholding order to collect
• Taking a levy on a bank account

In Arizona, the noncompliant spouse may additionally face a class 1 misdemeanor for failing to comply with the court’s spousal maintenance order “willfully and without lawful cause.” All of these choices must be pursued through the courts, which may be sped up and/or made easier with the assistance of your divorce attorney.

Who gets the house in a divorce in Arizona?

Arizona is a community property state. All of the assets and property acquired over the course of the marriage are joint. A house bought during the marriage will belong to both spouses. An agreement must eventually be made between the parties how to divide the value of the house in a divorce.

How is spousal maintenance paid?

Spousal maintenance may be paid in a lump sum or in payments spread out over a specified period of time. Support may also be in the form of a title transfer, possession or interest in personal property, or possession or security interest in real property.

How long is alimony paid in Arizona?

A.R.S 25-327 addresses situations in which spousal maintenance will be terminated. Although it can be completely up to the judge or presiding official, one commonly used standard for alimony duration is that for every 3 years of marriage, 1 year of alimony is paid.  That is a ballpark, and should not be ready as exactly what you’d be awarded upon petitioning for Alimony. Speak with an experienced Phoenix spousal maintenance lawyer to understand how long you would need to pay alimony.

How is the spousal maintenance order enforced?

In addition to civil remedies like wage garnishment, under A.R.S. § 25-511.01, when the noncompliant obligor has notice of the maintenance order, he or she can be convicted of a class 1 misdemeanor for having willfully and without lawful excuse failed to comply with the court’s spousal maintenance order.

What is a vocational evaluator for spousal maintenance?

The employability and earning potential of the spouse seeking maintenance is often a question for expert analysis. A vocational evaluator may be utilized to help establish a spouse’s earning ability. The evaluator is knowledgeable in the relevant area’s job market. The spouse seeking maintenance would be required to meet with the evaluator for a review of job skills, potential employment, and earning capacity. The evaluator examines the party’s resume, interviews others in the same employment field, and conducts studies of labor market trends. The expert then prepares a report with recommendations and conclusions, including the income that the expert believes the party is capable of earning. When a party seeking maintenance is underemployed, and could earn more, then the vocational evaluator’s report reflects that.

If the divorce was my fault, do I have to pay spousal maintenance?

No. Arizona is a “no fault” divorce state, which means the court doesn’t 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 — it is not a factor in awarding support. Which spouse initiated the divorce has no bearing on the court’s decision to award maintenance either. A.R.S. § 25-319 requires a two-part test to determine the appropriateness of maintenance in every family law case.

Do I Have to Work with Arizona Law Exclusively?

No. In fact, spouses can mutually agree to the contrary in a formal written agreement. Requirements and terms not outlined in the law can be agreed to. For example, unless otherwise agreed, the estate of a deceased individual is normally not required to continue making payments. If the spouses have a relationship whereby it’s possible to come to such an agreement amicably, then this method is preferred (as opposed to ironing out the details in court).

What Our Clients Have to Say About Spousal Support Lawyers Near You

“Certainly no one wants to go through a divorce, but I am so grateful to my attorney, Robert Howard and the rest of the team at Arizona Law Group for their care, support, and professional legal work in resolving my case. From the very beginning, I was provided with resources that educated me about the process, protecting my interests, and relieving a great deal of fear and anxiety. I received sound advice at every step, and communication was great! I would recommend Robert Howard and the Arizona Law Group to anyone who finds themselves faced with the end of their marriage.”

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