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Spousal Maintenance / Alimony

Alimony is a troublesome idea to consider when ending a marriage. It is a burdensome thought that you will have to continue to support someone that is out of your life. For the person receiving spousal maintenance there is uncertainty as well because the ex-spouse does not know how long the alimony will continue. The Daly Firm understands the frustrations of both parties and is willing to help. The general purpose of alimony or spousal maintenance is to make sure both spouses are able to support themselves individually after the marriage.

Arizona does not have a statute regarding “alimony.” In the code the official term is “spousal maintenance” and both men and women are eligible to receive spousal maintenance. Instead of strict formulas determining spousal maintenance payments, the Arizona Revised Statute §25-319 sets out factors the court consider when awarding spousal maintenance.

Scottsdale Spousal Maintenance Lawyer

Doug Daly has assisted many people by either getting them spousal maintenance or reducing the amount and duration of spousal maintenance payments. The Daly Law Firm represents clients throughout the greater Scottsdale and Phoenix areas. If you are going through a divorce and you want to know whether you have to pay spousal maintenance or if you are entitled to spousal maintenance, contact the Daly Law Firm.


Spousal Maintenance Information Center


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Spousal Maintenance Eligibility

The factors the court examines to decide spousal maintenance includes:

  1. Can a person support themselves with reasonable employment?
  2. Does the person have other assets that can help meet their reasonable needs?
  3. Is the person disabled and not able to work?
  4. Is the person a primary child care provider and should stay at home with the children and work part time?
  5. Did the person contribute to paying for the education or business opportunities for the other spouse?
  6. How long was the marriage?
  7. How old is the person requesting spousal maintenance?

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Spousal Maintenance Amount and Duration

The factors that determine the amount and duration of spousal maintenance are:

  1. The standard of living during the marriage.
  2. The duration of the marriage.
  3. The age, employment history, earning ability, mental state of the parties.
  4. Whether one person can pay spousal maintenance and still have a livable wage to meet his or her reasonable needs.
  5. Does one person have more property or make more money than the other person?
  6. Did one person support the other person with their education goals?
  7. Did one person support the other person with their career goals?
  8. Does one person need additional education and training in order to get employment that covers his or her reasonable needs?
  9. The length of time it would take a person to reasonably obtain employment.
  10. Did one person act in bad faith during the marriage and wasted or hid marital assets?

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Modification of Spousal Maintenance

In Arizona, spousal maintenance is modifiable. Either party can go back to court later and ask the court to raise, lower or stop spousal maintenance.

It is also possible to request that spousal maintenance is non-modifiable at the time the spousal maintenance order is set in place. The court will alter spousal maintenance if unforeseen circumstances or drastic events occur. An example is a person is injured and can no longer keep high paying employment.


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Termination of Spousal Maintenance

The most obvious reasons for spousal maintenance to stop are the death or re-marriage of the person receiving the spousal maintenance payments. Generally in the court order for spousal maintenance the judge will set a time period for the spousal maintenance payments.

There are so many factors to consider in awarding and terminating spousal maintenance so it is beneficial to get legal assistance to try to ensure the spousal maintenance are for a reasonable amount and last for a reasonable time.


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Daly Law Firm | Phoenix Alimony Attorney

If you have questions about spousal maintenance in Arizona, call (480) 607-8308 to receive a free consultation with an experienced Scottsdale family lawyer at the Daly Law Firm to discuss your options. Arizona courts look at specific facts when determining how much money to award to a spouse so you need an experienced spousal maintenance lawyer to frame your situation in the best light to make sure you can either get spousal maintenance or have spousal maintenance reduced. The Daly Law Firm represents clients in Maricopa County, including Scottsdale, Phoenix, Tempe, Glendale, and the surrounding communities.

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