Arizona Spousal Support, Maintenance and Alimony

In an action for dissolution of marriage or legal separation the court is authorized to order spousal support (another term for “alimony”) for either spouse. The concept that only the husband pays spousal support has been changed; now either spouse can be required to pay maintenance. The parties may agree in writing as to maintenance and if the court finds that the maintenance agreement is not unfair, it may be made part of the decree. In the absence of an agreement, the court has authority to award maintenance in an inappropriate case in such amounts and for such periods of time as it deems just, without regard to marital misconduct and after considering all relevant factors.

Maintenance may be awarded to a spouse to support him or herself if he or she:

• lacks sufficient property, including property apportioned to such spouse, to provide for his or her reasonable needs, or
• is unable to support himself or herself through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to support himself or herself, or
• contributed to the educational opportunities of the other spouse, or
• had a marriage of long duration and is of an age which may preclude the possibility of gaining employment adequate to support himself or herself.

A spouse does not have to be totally incapable of any self-support to receive maintenance. Furthermore, an obligation to pay spousal maintenance cannot be avoided by voluntarily reducing the ability to pay. The ability to pay spousal maintenance is to be determined by earning capacity rather than by the amount of voluntarily reduced income.

Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.