Arizona alimony standards are relatively traditional and leave much discretion with the judge in divorce.
Spousal maintenance, also known as alimony or spousal support, is the payment of support from one ex-spouse to the other usually on a monthly basis. While some states have recently imposed formulas or guidelines on alimony awards, the Arizona maintenance statute is still fairly traditional and straightforward.
When a married couple faces divorce, they may be able to negotiate a marital settlement agreement in which they decide the legal issues in the divorce themselves, including whether alimony will be paid, its amount and duration. The agreement is then submitted to the court for approval and incorporation into the divorce order.
If alimony cannot be negotiated to agreement, the judge will have to decide whether it will be granted and its terms as part of the divorce proceeding. The Arizona statute gives the judge discretion to order maintenance for any one of these reasons if the spouse who seeks to receive alimony:
If the judge determines that the spouse requesting alimony meets one of these conditions and is eligible, the amount and duration must be set. The Arizona maintenance statute says that the terms must be “just, without regard to marital misconduct,” and after the judge has weighed all relevant factors that include a specific list of 13:
Whether a spouse in Arizona faces alimony issues in divorce as a potential recipient or payor, it is important to retain an experienced divorce attorney who has knowledge of alimony jurisprudence in the state. Legal counsel can answer questions, assist in negotiation with the other party’s attorney and advocate in court for a fair maintenance award, if necessary.
From their Phoenix office, the family lawyers of Lasiter & Jackson represent clients in divorce.