Arizona's Spousal Maintenance Guidelines: What You Need to Know

In the last year, Arizona has undergone a major shift in the way spousal maintenance—also commonly known as alimony—is determined in divorce proceedings. Specifically, Arizona has implemented spousal maintenance guidelines to determine the amount and duration of spousal maintenance for spouses who can demonstrate eligibility. The Guidelines are designed to create more consistent and fair outcomes for Arizona families. 

What is Spousal Maintenance?

Spousal maintenance, or alimony, is a financial payment from one spouse to another following a separation or divorce. It's intended to help the recipient spouse achieve financial independence from a spouse after separation.

Why the Change in Guidelines?

Phoenix’s spousal maintenance laws have traditionally granted judges significant discretion in determining how much and how long spousal maintenance should be awarded. This discretion allowed for case-by-case flexibility but often led to inconsistent and unpredictable outcomes. The new guidelines aim to establish more structure and clarity in the process, drastically reducing uncertainty for divorcing parties.

Key Aspects of the New Guidelines

1. Objective Criteria for Determining Eligibility for Maintenance: The guidelines introduce a set of objective criteria to help judges assess whether a party is entitled to spousal maintenance. These factors generally include consideration of the property awarded to each spouse, whether a party is self-sufficient, whether there are children that prevent a party from being able to work outside the home, whether one spouse significantly contributed to the other's career advancement, and whether the duration of the marriage was such that the requesting party is precluded from obtaining meaningful employment.

2. Duration and Amount of Maintenance: The guidelines also provide more specific parameters for determining the duration and amount of spousal maintenance. For instance, there are suggested ranges for the length of time that maintenance should be paid based on the duration of the marriage. This structure can help judges make more consistent decisions and give divorcing couples a clearer understanding of what to expect.

3. Reevaluation and Modification: The guidelines continue to recognize that life circumstances change. They include provisions for reevaluating and modifying spousal maintenance agreements if there are significant changes in either party's financial circumstances.

4. Emphasis on Rehabilitation: Arizona's new guidelines focus on rehabilitating the recipient spouse, helping them become financially self-sufficient over time, instead of compensating a spouse for sacrifices to that spouse’s career during the marriage and other miscellaneous non-monetary contributions. For example, one spouse may provide financial support while the other acquires education or training to improve their employability.

What Does This Mean for Divorcing Couples in Phoenix?

For couples going through a divorce, the guidelines offer several advantages:

Greater Predictability: With clearer guidelines, divorcing couples can better understand their rights and obligations, allowing them to make informed decisions before and during the divorce process.

Reduced Litigation: The increased predictability may lead to fewer disputes over spousal maintenance, potentially reducing the need for lengthy court battles and costs spent on attorney fees.

Fairer Outcomes: The guidelines aim to ensure that spousal maintenance decisions are consistent and fair, reducing the likelihood of extreme or arbitrary awards.

Arizona's spousal maintenance guidelines represent a significant step toward creating a more transparent and consistent legal framework for those getting divorced in Phoenix. If you're going through a divorce in Phoenix, click here to contact Sally Colton, a knowledgeable lawyer who can help you navigate the law.