When Is Spousal Maintenance Awarded?
Arizona courts may order spousal maintenance when one former spouse is in financial need and the other spouse can afford to pay. Arizona’s spousal maintenance statute allows judges to make their own judgments about awarding support. Judges will look to your lawyer to make the case for the size and duration of support.
In my Phoenix area practice, I represent former spouses seeking alimony as well as those who are asked to pay it.
Being awarded spousal maintenance is never a sure thing. In Arizona, the person asking for support must meet one of four requirements:
- Applicant must lack sufficient assets to meet basic needs.
- Applicant must be unable to seek work and afford basic necessities.
- Applicant contributed to the other spouse’s education.
- Applicant was married for a lengthy period of time and is now too old to enter the marketplace.
People requesting maintenance need only meet one of these four requirements to be eligible. The court then analyzes numerous factors to determine a just amount.
The court does not consider accusations of misconduct in making maintenance decisions.