Spousal Maintenance

Spousal maintenance (sometimes called alimony) is a legal obligation for one spouse to provide financial support to the other following a divorce or separation. Generally, the goal of spousal maintenance is to provide an opportunity for each spouse to become self-supporting.

The amount and duration of spousal maintenance can be influenced by various factors, including the length of the marriage, the financial needs and resources of both spouses, the recipient spouse’s ability to become self-sufficient, the standard of living during the marriage, and the contributions made by each spouse to the marriage, including homemaking or supporting the other’s career.

Spousal maintenance can be awarded temporarily, for a set term, or for an indefinite term. Temporary spousal maintenance is where the Court orders that spousal maintenance be paid while the divorce is pending. Generally, the purpose of temporary spousal maintenance is to maintain the status quo of the parties and the community until the divorce is finalized. After divorce, spousal maintenance can be ordered for a set term. You may have a friend who was ordered to pay a set amount each month for a set period of time, like 12 months or 5 years. Alternatively, spousal maintenance may be ordered for an indefinite term. This would most likely happen in a situation where the spouses are older and have been married a long time. In this case, the Court may order a set amount of spousal maintenance be paid “until further Order of the Court.” In this case, spousal maintenance would be paid until the parties go to court again to change the order, until the receiving spouse remarries, or until one of the spouses dies.

In Arizona, there is no such thing as “lifetime spousal maintenance.” Often times, an award for an indefinite term of spousal maintenance can be mischaracterized as a “lifetime” award of spousal maintenance, but an indefinite term can always be modified or terminated.

In Arizona, once the Court orders that there is no spousal maintenance obligation between the parties or the parties agree that, as part of the decree, neither party should pay spousal maintenance to the other, then the question of spousal maintenance is forever waived. However, if the Court orders spousal maintenance, then spousal maintenance is modifiable until such time as it is terminated (unless the parties specifically agree to non-modifiable spousal maintenance). In order to modify spousal maintenance, the party seeking the modification has the burden of showing that there has been a significant and continuing change in circumstances warranting a modification of spousal maintenance since the order was last entered. If there is such a change in circumstances, then the Court has discretion to modify either the duration (length of time) or amount (per month) of spousal maintenance, or both.

A major difference between an award for a fixed duration and an award for an indefinite duration is which party has the “burden of proof” to justify modifying the award. In a fixed-term award, the receiving spouse has the burden to prove that there has been a substantial and continuing change in circumstances warranting an extension of spousal maintenance. In an indefinite-term award, the paying spouse has the burden of proof to show that there has been a significant change of circumstances warranting a reduced term of spousal maintenance. When entering an order for spousal maintenance, the Court has to consider whose responsibility it should be in the future to show that there has been a change in circumstances.

As discussed above, the parties may also agree to non-modifiable spousal maintenance. Non-modifiable spousal maintenance is exactly what it sounds like: spousal maintenance with a set timeframe and monthly amount that cannot be modified by the Court once it is ordered. There are risks and benefits to a non-modifiable order, which should be discussed with an attorney. However, one very important note is that the parties must agree to non-modifiable order: the Court cannot award non-modifiable spousal maintenance if both parties do not agree.

In recent years, Arizona adopted the Arizona Spousal Maintenance Guidelines. The stated purposes of the Guidelines are to allow the requesting spouse to become self-sufficient, to achieve consistency in spousal maintenance awards across the courts, and to provide guidance in establishing spousal maintenance awards in order to promote settlement without the need to go to court.

The Guidelines will recommend an amount range and a minimum and maximum duration. Spouses can agree to an amount and/or duration outside of the recommended amounts. Spouses can also agree to an order for no spousal maintenance when spousal maintenance is supported by the Guidelines. However, if the spouses do not agree, then the Court is limited as to how much it can deviate from the amounts recommended by the Guidelines. The Court may deviate as to the monthly amount if it finds that application of the Guidelines in a case is inappropriate or unjust, but the Court may not deviate from the duration range absent an agreement of the parties.

If you’re dealing with spousal maintenance issues in Arizona, it’s a good idea to consult with a family law attorney who can provide guidance based on your specific situation and ensure that your rights are protected.