Frequently Asked Questions About Alimony

There is essentially no difference between alimony and spousal maintenance. Spousal maintenance, spousal support, and alimony are interchangeable terms in Arizona. The preferred term in the state is spousal maintenance, though alimony is arguably the best-known of the three. You may come across all three terms but know that they refer to the same legal concept.

The court does not always grant alimony during divorce proceedings, and even if it is likely that one spouse should receive alimony, the process is not automatic. The lower-earning spouse must first petition for alimony by filing an official request, which will then be evaluated by the court to determine whether the situation meets alimony requirements. The purpose of spousal support is to ensure individuals can maintain the standard of living they had while married, potentially until they are able to self-support to a sufficient degree. Both the alimony request and the duration of alimony payments will depend on the need, the earning potential of both spouses and more.

Couples undergoing a legal separation are eligible to request spousal maintenance, just like divorcing spouses. While divorce is the dissolution of a couple’s marriage, whereas a legal separation declares that the spouses are still technically married but no longer living together or sharing resources like income, both can have the same financial burden on the spouses. Since the spouses live in separate residences and don’t pool their income, the court may determine that alimony is necessary for both spouses to maintain the same living conditions they had prior to separation.

In Arizona, there are four types of spousal maintenance arrangements. Each alimony category lasts for a different amount of time, and your situation may call for more than one variation over the course of the proceedings and post-marriage dissolution. As with the initiation of alimony itself, this is dependent on the needs of the requesting spouse and, ultimately, the court’s decision.

Temporary Spousal Maintenance

The first type is temporary spousal support, which is generally awarded during the divorce proceedings so that the lower-earning spouse has access to legal counsel. Temporary alimony may cease after the marriage dissolution is finalized, but it may be extended according to the court’s orders.

Rehabilitative Spousal Maintenance

Another form of short-term spousal maintenance is rehabilitative support. Rehabilitative alimony is provided to the spouse for as long as is necessary for them to acquire the education, skills, or experience needed to enter the workforce and become self-supporting. This arrangement may remain in place for several months or years following the divorce and ends when the court determines the spouse is capable of supporting themselves.

Compensatory Spousal Maintenance

The next type of alimony is compensatory support, which is also typically short-term. This form of support entails paying the spouse to cover the expenses of their former partner’s opportunities for education or resources to develop their ability to work. This is a way to compensate them for the financial sacrifices and/or loss of career resulting from the marriage.

Permanent Spousal Maintenance

The final type of alimony is permanent support. This arrangement is designed to be long-term and will only end if the receiving spouse remarries, either spouse passes away, or the court otherwise grants termination of the arrangement for another change in circumstance. Often, permanent alimony is granted to spouses who are disabled, have long-term illnesses, or otherwise cannot support themselves.

Yes, husbands and wives are equally entitled to request spousal maintenance during a divorce. Gender is irrelevant when asking the court for alimony. The court is qualified to award spousal support to either spouse if the party requesting financial assistance is found to be eligible and in need. It may even be possible that both spouses may qualify for alimony, but certain key factors will likely cause the court to order one spouse over the other to be the financially supporting party.

If you think you may be eligible to receive alimony, you should consider beginning the process by consulting with a qualified and experienced divorce attorney. It might be possible for you and your spouse to negotiate with the help of your attorney and settle on an agreement regarding alimony outside of court, which can then be brought to a judge and requested to be included as part of the divorce court order. This isn’t a viable option for everyone, so your divorce lawyer can assist you in filing a petition for support before or at the start of the proceedings.

It is important to think ahead and take action early, as you cannot ask for alimony after the divorce is finalized.

When determining whether spousal maintenance is necessary within a specific case, the court must determine whether the requesting spouse:

Any of these reasons can influence the court’s decision to grant alimony to the spouse asking for additional support. However, the judge must also consider all factors of the situation in order to assess how long the spousal support should last and to what degree.

After the court has decided that one spouse needs financial support, the judge must determine the duration and amount of spousal maintenance. There is no standardized formula for calculating the specifics of an alimony arrangement, so the amount in question is ultimately at the judge’s discretion after considering all relevant factors of the case. The state legislature does offer guidelines for judges to refer to if needed, but many circumstances go beyond these guidelines.

Calculating spousal maintenance involves various factors and considerations.

Standard of Living and Status

The court will examine the standard of living each spouse had during the marriage, the length of the marriage, and each spouse’s age, physical and emotional health, health insurance expenses, financial resources, employment history, and (potential) ability to earn income, especially in the existing job market.

Financial considerations such as the family’s average monthly mortgage payments (excluding interest) and both spouses’ actual “spousal maintenance income.” This may include any income (including retirement payouts, workers’ compensation, unemployment or disability benefits) before deductions or withholdings, recurring gifts, profits from self-employment (e.g., collected rent, royalties, or business earnings), and child support received for a child from another relationship.

Prior Financial Behavior

The judge also considers whether either spouse has a history of recklessly spending, concealing, or destroying property shared between the spouses. This includes if one party donated or misappropriated assets so that their spouse would be unable to access them during the divorce along with other deceptive or fraudulent practices.

Child-Related Factors

If the spouses share children, the judge will look at each parent’s ability to contribute to the future costs of their child’s higher education. The judge will also determine whether one parent is charged with caring for a disabled or incapacitated child. Furthermore, it will be noted if there are any existing criminal convictions in which one spouse victimized the other or a child.

Earning Capacity

The judge must consider the higher-earning party’s financial capability to cover the needs of both spouses in addition to looking at how significantly the requesting spouse contributed to the support of the other’s earning opportunities. This includes the degree to which the spouse in need reduced their own income or occupational advancements to benefit their partner, the requesting spouse’s ability to become self-supporting in the near future, and/or the amount of time needed to acquire job training or educational certification in order to obtain suitable employment. The judge will also evaluate whether educational or training opportunities are readily available to the spouse in need of support.

There is no “average” amount of an alimony payment installment since each couple’s divorce will include different circumstances and factors to consider. Spousal maintenance is awarded with the intention that the amount of support is fair and reasonable for both the supporting spouse and the receiving spouse, with the additional goal of the recipient reaching self-sufficiency as soon as possible. The ideal amount of alimony is a factor unique to each couple that makes up the difference between the standard of living pre-divorce and post-divorce.

The Arizona courts provide an online calculator for spouses looking for an approximate estimation of how much they may pay or receive in alimony. A divorce attorney can help you with the calculator if needed or otherwise give you an accurate estimate for potential alimony in your situation.

A judge reserves the right to deny a request for alimony if the spouses’ combined maintenance income is less than $44,000 a year.

Some states may deny a spouse their right to alimony or reduce their support to some degree if they committed marital misconduct or may require that a spouse pay the other as a form of punishment for participating in misconduct. However, this is not the case in Arizona. State laws prohibit the court from considering most wrongdoings of either spouse when deciding whether to grant or deny a request for alimony. The court will consider if either spouse has a history of domestic violence, harming children, or fiscal irresponsibility.

For couples who divorced after 2018, tax deductions and requirements to report income have been eliminated in regard to spousal support. This means that the providing spouse won’t receive a deduction for their alimony payments, and the receiving spouse’s income will not include their support payments.

For couples whose divorce was finalized before December 31, 2018, spousal maintenance is tax-deductible for the paying spouse and taxable income for the recipient. If qualifying alimony orders are later modified after the 2018 deadline, they will be subject to the new tax statutes.

It is possible to petition for alterations or for the termination of the spousal maintenance court order, but this must be done under circumstances that warrant modification, particularly when a “substantial and continuing” change has transpired.

Additionally, if a qualifying event occurs that renders alimony no longer necessary or viable, spousal support will not automatically end and won’t unless either party files for termination. It should be noted that some circumstances are likely to keep the court from making any modifications to an existing spousal support order, such as when the spouses made an agreement during divorce negotiations that the alimony award cannot be modified or terminated.

Potentially valid situations for a modification in spousal maintenance include if child support payments cease due to the child turning eighteen/completing high school. Many spouses request alterations if the paying spouse has a significant change in their income or loses their job. Additional circumstances include situations where the receiving party remarries or is cohabitating with another party or becomes self-supporting. Modifications may also be made if either spouse is diagnosed with a serious illness or medical injury, becomes disabled, retires, goes bankrupt, or has another notable change in their financial standing.

In addition to certain factors that justify that an existing alimony order be modified or terminated, there are other circumstances that may bypass the question of spousal maintenance overall or eliminate the receiving spouse’s eligibility to continue obtaining support payments. As with all cases, the court’s approval is needed for any determinations and subsequent actions as to whether a spouse is disqualified from alimony or continued support.

Marital Agreements

One way that spousal maintenance may be avoided is if the spouses created a marital agreement, either before marriage (prenuptial) or after getting married (postnuptial), which includes a clause stating that both spouses waive their right to ask for alimony and thus eliminate the possibility for any potential requests in the future. This is common among couples who both have an established career. As long as the marital agreement is valid, it will be enforceable during a divorce.

Inheritance

If the receiving spouse is a beneficiary of a large inheritance, the paying spouse may request that the obligation be terminated since there is no longer a need for the maintenance arrangement. Another option is for one spouse to offer a greater portion of the marital estate during property division negotiations in exchange for any request for spousal support to be eliminated. This lump sum payment may be preferable to the extended duration of alimony.

Refusal to Pursue Training or Employment

Lastly, should the spouse receiving rehabilitative alimony for supporting their partner’s career during the marriage refuse to make efforts to pursue education or vocational training in order to self-support, it is unlikely the court will extend the support payment period after rehabilitative alimony ends.

Spousal support is a legally enforceable court order, and failing to uphold the terms of an alimony agreement can potentially have serious criminal implications. If a spouse willfully refuses to provide support payments, including paying installments in full and in a timely fashion, they could be charged with a Class 1 misdemeanor. If convicted of willfully disobeying a court order, the offending spouse can be sentenced to up to six months of jail time in addition to facing civil penalties.

The receiving spouse may petition that support be enforced. A court hearing will follow, during which the supporting spouse must either prove that they did not miss any payments or explain why they have been unable to pay and/or make a case for the modification of the support agreement. If the court finds that the accused party has missed payments, alimony debt may be acquired through various means, such as a property lien, levy, or garnishment of wages.