Will You Pay or Receive Spousal Maintenance in an Arizona Divorce? Here’s How It Actually Works
If you’re going through a divorce in Arizona and wondering whether you’ll receive financial support from your spouse (or whether you’ll be required to pay it), you’re not alone. Spousal maintenance often called alimony is one of the most misunderstood parts of divorce, and it’s also one of the most emotionally charged.
Let’s walk through how it actually works under Arizona’s current laws so you can go into your case with realistic expectations.
Arizona Does Not Guarantee Spousal Maintenance
A lot of people are surprised to learn that spousal maintenance is not automatic in Arizona. Before a court will even consider the amount or duration of support, you first have to qualify for it under A.R.S. § 25-319(A).
To be eligible, you generally need to prove at least one of the following:
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You lack sufficient property (after the divorce) to meet your reasonable needs.
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You cannot be self-sufficient through employment, whether because of your age, the length of the marriage, or a disabling medical condition.
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You significantly contributed to the educational opportunities or career of your spouse.
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You were a stay-at-home parent during a long marriage and now have a limited earning capacity.
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You significantly reduced your income or career opportunities for the benefit of the other spouse.
If none of these apply, the court typically won’t award maintenance, regardless of the income gap between spouses.
How the Court Decides the Amount and Duration: The New 2023 Guidelines
If you have been researching alimony in Arizona, you might have read that judges have total discretion and that there is no formula. That is no longer true.
As of July 10, 2023, Arizona operates under the Spousal Maintenance Guidelines. We now have a standardized calculator, very similar to the one used for child support.
Once a judge determines a spouse is eligible for support, they are required to use this calculator. The formula looks at specific data points, including:
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Both spouses’ incomes
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The length of the marriage
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Principal mortgage payments
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Family size
The calculator then generates a presumed range for the amount of support and a range for the duration (how long it will last).
While judges do have some discretion to deviate from the calculator’s amount if they find it unjust, they must justify that decision in writing based on specific statutory factors. Furthermore, courts are generally much more restricted when it comes to deviating from the duration range.
The Goal is Self-Sufficiency
Under the updated laws, Arizona courts are instructed to award maintenance only for a period of time and in an amount necessary to help the receiving spouse become self-sufficient. Because of this, spousal maintenance generally falls into a few categories:
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Temporary Maintenance: Paid during the divorce proceedings before a final order is in place. It helps bridge the financial gap while the case is actively being resolved.
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Rehabilitative Maintenance: The most common type. It is designed to support a spouse for a defined, limited period while they gain the skills, education, or work experience needed to become financially independent.
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Long-Term/Indefinite Maintenance: Under the new guidelines, indefinite support without an end date is exceedingly rare. It is typically reserved only for long marriages where one spouse is older or has a severe medical condition that permanently limits their ability to work.
Can Spousal Maintenance Be Modified Later?
Yes, in most cases. If there is a “substantial and continuing change in circumstances,” either party can ask the court to modify the amount or duration. Common reasons include a significant drop in income, the paying spouse losing their job, or the receiving spouse’s financial situation improving meaningfully.
However, divorcing couples can agree in writing to make their maintenance award “non-modifiable.” This is sometimes done in settlement negotiations as a trade-off, and it is critical to understand the long-term implications before agreeing to it.
What About Taxes?
This is an area where the rules changed significantly a few years ago. Under federal tax law, for divorce agreements finalized after December 31, 2018, spousal maintenance payments are no longer deductible by the paying spouse, and they are not considered taxable income to the receiving spouse.
For older divorces finalized before that date, the old rules may still apply. This is always worth discussing with both your attorney and a tax professional.
A Few Things Worth Knowing Before You Go to Court
Spousal maintenance cases require strategy. The outcome depends heavily on the facts of your marriage and how well your attorney presents your situation under the new guidelines. A few things that often make a difference:
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Coming in prepared: Judges respond to concrete evidence. If you’re seeking maintenance, document your expenses, your employment history, your health situation, and the career sacrifices you made.
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Being realistic about timelines: Courts strictly favor awards that help a spouse become self-sufficient. Asking for lifetime support without a plan for independence is rarely a successful strategy today.
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Exploring settlement options: Spousal maintenance is highly negotiable. Many cases settle out of court, giving both parties far more control over the final numbers than leaving it up to the state calculator and a judge.
We’re Here to Help You Understand Your Options
Whether you’re trying to figure out what you might be entitled to or what you might owe, the attorneys at Benjamin Legal, P.C. can walk you through how the new Arizona Spousal Maintenance Guidelines apply to your specific situation. We work with clients across Phoenix, Scottsdale, Tempe, and throughout Maricopa County.
Reach out today to schedule a consultation. We’ll be straight with you about where you stand and help you build a strategy from there.
