Arizona Spousal Maintenance (Alimony) Estimator
Estimated Spousal Maintenance
Estimated Monthly Payment: $0.00
Estimated Duration: 0 months (0.0 years)
Estimated Total Alimony: $0.00
Understanding Arizona Spousal Maintenance (Alimony)
In Arizona, spousal maintenance, commonly known as alimony, is not determined by a strict formula. Instead, Arizona courts have significant discretion when deciding whether to award spousal maintenance and, if so, for how much and for how long. The primary goal is to ensure that a spouse who lacks sufficient property to provide for their reasonable needs, or who cannot be self-sufficient through appropriate employment, receives support from the other spouse.
Factors Considered by Arizona Courts (A.R.S. ยง 25-319):
Before awarding spousal maintenance, an Arizona court must find that the requesting spouse:
- Lacks sufficient property, including property apportioned to the spouse, to provide for the spouse's reasonable needs.
- Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home.
- Made a significant financial or other contribution to the earning ability of the other spouse.
- Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to provide for the spouse's needs.
- Has significantly reduced that spouse's current or future earning capacity for the benefit of the other spouse.
If the court finds that one or more of these conditions exist, it then considers a range of factors to determine the amount and duration of maintenance, including:
- The standard of living established during the marriage.
- The duration 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 spouse's 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 each spouse to the joint or to the separate property of the spouses.
- The extent to which one spouse has contributed to the earning capacity of the other spouse.
- The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse.
- The cost of health insurance and future medical care for the spouse seeking maintenance.
- Excessive or abnormal expenditures, destruction, concealment, or fraudulent disposition of community property.
- The actual damages and judgments from which the spouse from whom maintenance is sought is to pay.
How This Calculator Works
This calculator provides an illustrative estimate based on common considerations in Arizona spousal maintenance cases, but it is not a legal formula. It simplifies complex factors to give you a general idea. The calculator primarily considers:
- Income Difference: The gap between the paying spouse's and receiving spouse's gross monthly incomes.
- Duration of Marriage: Longer marriages often lead to longer durations of maintenance.
- Recipient's Needs Factor: A percentage representing how much of the income gap the receiving spouse might need to cover their reasonable needs, considering the marital standard of living.
- Payor's Ability to Pay Factor: A percentage representing the maximum portion of the paying spouse's income that can reasonably be allocated to spousal maintenance without unduly burdening them.
The calculation aims to find a monthly amount that addresses the recipient's needs while ensuring the payor can still meet their own needs, often striving for a more equitable distribution of post-divorce income. Duration is estimated based on common (non-binding) guidelines related to marriage length.
Important Disclaimer:
This calculator is for informational purposes only and should not be considered legal advice. Arizona spousal maintenance decisions are highly fact-specific and depend on the unique circumstances of each case, as well as the discretion of the court. You should always consult with a qualified Arizona family law attorney to discuss your specific situation and obtain accurate legal guidance.