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At Cohen Family Law, we help clients in Phoenix understand how Arizona courts approach spousal maintenance and what that means for their specific situation. Whether you are negotiating an agreement or preparing for court, we focus on practical solutions that support your long-term financial stability.
What Is Spousal Maintenance?
Spousal maintenance is a court-ordered payment from one spouse to the other after a divorce or legal separation. Its purpose is to help the receiving spouse become financially independent over time.
In most cases, spousal maintenance is not intended to be permanent. Instead, it is designed to provide support for a limited period while the receiving spouse gains the ability to meet their own reasonable needs.
Who Qualifies For Spousal Maintenance In Arizona?
Before deciding how much support should be paid, the court must first determine whether a spouse is eligible. Arizona law outlines several factors that may support eligibility. A spouse may qualify if they:
- Lacks sufficient income or property to meet reasonable needs
- Cannot become self-sufficient through employment
- Caring for a child whose condition makes employment difficult
- Contributed to the other spouse’s education or career
- Have reduced their own earning ability during the marriage
- Were in a long-term marriage and face challenges returning to work
If one or more of these factors apply, the court will then determine the amount and duration of support.
Eligibility Comes First
How Spousal Maintenance Is Calculated In Arizona
Arizona now uses updated spousal maintenance guidelines to bring more consistency and predictability to these cases. Courts rely on these guidelines to determine both the amount and duration of support. The calculation considers several factors, including:
- Income of each spouse
- Length of the marriage
- Age of both parties
- Financial responsibilities
- Household structure and dependents
Courts use a guideline calculator to generate a range for both the amount and duration of support. While judges generally stay within these ranges, they may adjust the outcome in certain situations.
These guidelines also help encourage settlements by giving both parties a clearer idea of what to expect.
How Long Does Spousal Maintenance Last?
Spousal maintenance is usually awarded for a set period of time rather than indefinitely. The goal is to allow the receiving spouse time to become financially independent.
The duration depends on factors such as:
- Length of the marriage
- Financial circumstances of each party
- Ability of the receiving spouse to become self-supporting
In most cases, longer marriages may result in longer support periods, while shorter marriages typically lead to shorter-term support.
Can Spousal Maintenance Be Modified?
Yes. Spousal maintenance orders can be modified if there has been a substantial and continuing change in circumstances.
Examples may include:
- A significant change in income
- Job loss or new employment
- Retirement
- Changes in financial needs or obligations
It is important to understand that support does not automatically change. A formal request must be made through the court.
Changes Require Action
Hear From Our Clients
“Cohen Family Law Team has been nothing but wonderful. Thank you for your guidance, quick responses and for helping through an unpleasant time in my life. Jordan was very great at responding to my questions quickly, listening and understanding my concerns and getting them through to Mitch. Mitch did an amazing job representing me, laying out all options available, respecting my decisions and never making me feel pressured. Will definitely recommend for anyone who is looking for a team that is personable, aggressive when need be and to make you a priority. Thanks again for everything.” – Lyn L.
Contact Our Phoenix Spousal Maintenance Attorney
If you are dealing with spousal maintenance in Phoenix, Cohen Family Law is ready to help. Whether you are seeking support, challenging an unfair request, or requesting a modification, we provide experienced and practical guidance every step of the way. Contact our office today to schedule a consultation.
FAQs
Is spousal maintenance automatic in Arizona?
No. The court must first determine whether a spouse qualifies before awarding any support.
Can spousal maintenance be permanent?
In most cases, it is temporary. However, longer marriages or unique circumstances may result in longer durations.
What happens if someone does not pay spousal maintenance?
Failure to pay can result in enforcement actions such as wage garnishment or court penalties.
Can we agree on spousal maintenance without going to court?
Yes. Spouses can reach agreements, but they must typically be approved by the court to be enforceable.
Cohen Family Law services clients with their family law needs throughout the Phoenix, Arizona area, including Anthem, Chandler, Gilbert, Glendale, Goodyear, Laveen, Mesa, Peoria, Scottsdale, Surprise, and Tempe.
