Arizona Info

Arizona Divorce Start Your Divorce Find Professionals Arizona Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Arizona Products Divorce by County

Arizona Articles

Agreements Custody & Visitation Child Support Counseling Divorce/General Domestic Abuse Financial Planning Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

Arizona Divorce Support Arizona Divorce Online

Arizona Alimony

Alimony is also commonly referred to as maintenance in the state of Arizona. As a rule, Arizona courts consider alimony only when specific circumstances exist. These include when a spouse lacks property for self-support, has to take care of a child whose emotional or physical disabilities make employment difficult, when one spouse contributed to the education of the other, and instances where the marriage lasted a very long time and the spouse's age makes it difficult to find suitable employment.

In Arizona a support award can influence a property distribution, so maintenance can become a very intricate part of a divorce.

As is the case with property division, the court does not consider marital misconduct on the part of either party in awarding alimony. Adultery, for example, does not influence either the decision to award or withhold alimony, or its amount.

When the court deems alimony necessary, the law outlines what factors the court considers. Relevant considerations include, but are not limited to, how long the marriage lasted, standard of living achieved during the union, the age of the receiving spouse, and the contribution of the receiving spouse to the education, training or earning ability of the other.

Under Arizona's Revised Statute 25-319 (the spousal maintenance statute) courts must first decide whether alimony is necessary before ordering it. Arizona's statutory code provisions allow courts to order maintenance upon a showing of need by the spouse requesting support. The spouse requesting a support order must prove that he or she lacks assets or property to become self-sufficient and that he or she cannot find a job because of a lack of vocational training, skills or has significant child care responsibilities.

Someone may be eligible for alimony when the petitioning spouse is too old to reenter the workforce and earn a sufficient income to be self-supporting, particularly if the marriage lasted a long time, or if he or she is the custodial parent of young children, and is therefore unable to maintain employment. A spouse who was the primary wage earner so that his or her partner could continue higher education may receive maintenance for contributions to a spouse's education. Lastly, if the distribution of property was unequal, leaving one spouse without the means to support himself or herself, he or she may be eligible for maintenance.

Spousal maintenance is generally owed until a court believes that the recipient should be able to be financially self-supporting. However, alimony terminates earlier if either spouse dies or the recipient marries.

In Arizona alimony payments go through a clearinghouse that distributes them to the recipient unless another method of payment has previously been agreed upon or ordered by the court.

Types of Alimony

In Arizona courts typically award rehabilitative or temporary spousal maintenance, instead of permanent or continuing support. The goal of rehabilitative support is for the paying spouse to provide support until the receiving spouse can become self-sufficient.

Support normally ends when either party dies, after a specific amount of time, or at remarriage of the spouse receiving the maintenance payments.

Factors Considered by the Court

In Arizona the courts have discretion in the award of alimony. According to Arizona Statutes - Title 25 - Chapters: 319, 322, in awarding maintenance, the court considers:

  • the standard of living established during the marriage;
  • the length of the marriage;
  • the age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance;
  • the ability of the spouse from whom maintenance is sought to meet that spouses needs while meeting those of the spouse seeking maintenance;
  • the comparative financial resources of the spouses, including their comparative earning abilities in the labor market;
  • the contribution of the spouse seeking maintenance to the earning ability of the other spouse.
  • the extent to which the spouse seeking maintenance has reduced their own income or career opportunities for the benefit of the other spouse;
  • ability of both parties after the dissolution to contribute to the future educational costs of their mutual children;
  • the financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouses ability to meet that spouses own needs independently.
  • the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.
  • excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common;
  • the cost for the spouse who is 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 is able to convert family health insurance to employee health insurance after the marriage is dissolved.
  • all actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim.

Start Arizona Divorce Start Your Arizona Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Arizona Divorce Find Arizona Divorce Professionals in Your Area:
Join the Network
Arizona Divorce Products, Services and Solutions Arizona Divorce Products, Services and Solutions
Arizona Divorce Resources to Help You Through the Process.
Online Parenting Class Arizona Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Arizona Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
Divorce Lawyers & Mediators

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for an Arizona Divorce


Settle Your Divorce Negotiate Your Arizona Divorce


Support Forum Arizona Support Forum

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site