Support After The Marriage Ends
Dual-income households and Arizona’s no-fault divorce law have made spousal support less common than it once was, but it still becomes a contentious issue in many divorces. Whether you are seeking support or defending against a claim for it, the right attorney can help protect your financial security and your standard of living.
Spousal support, alimony, spousal maintenance.
Arizona courts and attorneys use these terms for the same thing: court-ordered payments from one spouse to the other after a divorce or legal separation.
What Spousal Support Is For
Spousal support, also called alimony or spousal maintenance, is court-ordered support that one spouse pays to the other after a divorce or legal separation. It is meant to help the lower-earning or non-earning spouse keep a standard of living similar to what the marriage provided.
The goal is a fair and equitable arrangement, not a windfall for either spouse. Courts try to limit how much financial disruption the divorce causes on both sides.
The Types Of Spousal Support In Arizona
Which type applies depends on the circumstances of your case.
Temporary Support
Also called pendente lite. Ordered while the divorce is pending, to help the lower-earning spouse cover living expenses and legal costs during the case. It ends when the divorce is final, and may or may not be replaced by an ongoing order.
Limited Support
Ordered to reimburse a spouse who used their own money, other assets, or career opportunities to support the other spouse’s education or career advancement.
Fixed-Term Support
Arizona does not intend spousal maintenance to be a lifelong commitment. Fixed-term support is meant to help a spouse become financially independent, though some circumstances, such as a disability, can call for support that lasts longer.
Eligibility And How Support Is Calculated
- The requesting spouse lacks enough property, even after the divorce, to meet reasonable needs
- The requesting spouse cannot support themselves through work, or is caring for a child in a way that makes outside work unreasonable
- The requesting spouse’s earning capacity is not enough on its own to be self-sufficient
- One spouse contributed significantly to the other’s education, training, or career
- The marriage was long, and one spouse is now past their career prime or otherwise cannot sustain the marital standard of living
- One spouse reduced their own income or career opportunities to benefit the other’s career
Arizona is a no-fault divorce state. Neither spouse needs to show marital misconduct, non-financial contributions to the marriage, or any particular reason for the divorce to receive spousal support.
- How the requesting spouse helped the other advance their career
- Income or career opportunities either spouse gave up for the other
- How the spouses paid for their children’s education
- Time and resources the requesting spouse needs to finish an education or job training
- Any unusual spending, hiding, or destruction of property by either spouse
- The cost of health insurance for the requesting spouse
- Damages or judgments from a crime committed against the other spouse or a child
- The couple’s standard of living during the marriage
- The length of the marriage
- The age, and physical and emotional health, of the requesting spouse
- Whether the paying spouse can meet their own needs while also paying support
- Both spouses’ financial situation, employment, and earning capacity
- The requesting spouse’s financial resources and property
Arizona’s judicial branch also publishes a spousal maintenance calculator that applies a standardized formula. It is a starting point, not a substitute for a judge’s decision or your attorney’s advice.
Support Agreements And Modifications
Divorcing spouses do not have to follow Arizona’s spousal support guidelines. If you agree to different terms, the agreement must be in writing or entered on the court record, and it must show that:
- Neither spouse was coerced or forced into the agreement
- Both spouses understood what support the guidelines would have produced
- A judge found the agreement fair given both spouses’ finances
An agreement reached without a court order is fragile. Either spouse can walk away from it later, and only a court order can be enforced. An attorney can help you get the agreement made official.
Spousal support can be modified if there has been a substantial change in circumstances that nobody anticipated when the original order was made. The most common reasons include:
- New partnership. If the receiving spouse moves in with a romantic partner, that can support a modification request. Remarriage generally ends the support obligation outright.
- Loss of employment. The paying spouse still owes support until a judge modifies the order. Payments missed before a modification is filed are not forgiven.
- Health issues. A serious health change that affects either spouse’s ability to work, or that increases medical costs, can support a modification.
- Bankruptcy. Spousal support cannot be discharged in bankruptcy, but a paying spouse may still be able to ask the court to adjust the payment amount.
- Retirement. A drop in income at retirement can support a modification, though the court also weighs retirement income such as Social Security and pensions.
- Custody changes. A change in the primary custody arrangement, especially one that increases a spouse’s childcare responsibilities, can support a modification.
Either spouse can ask for a modification by filing a petition with the court that issued the original order, unless the order contains a non-modification clause. The petition explains the change in circumstances, provides supporting evidence, and proposes new terms. The other spouse is served and can agree, contest it, or propose different terms. If the parties cannot agree, the court holds a hearing and enters a new order either party can appeal.
What Happens If Spousal Support Isn’t Paid
A spouse who stops paying court-ordered support can be found in contempt of court.
Most consequences for not paying spousal support are civil, but failing to pay can also carry criminal penalties, including possible jail time and fines. Fraud, such as hiding assets or falsifying income to avoid payment, can lead to separate charges and an order of restitution.
Until a court modifies an order, it is legally binding, and enforcement is available if a spouse stops paying. Spousal support carries a real financial impact in either direction, which is why the right attorney matters: for representation if the case goes to litigation, for handling the paperwork and deadlines a court case demands, and for help later if your circumstances change enough to modify the order.
Spousal Support FAQs
If I File For Divorce, Do I Have To Pay Spousal Support?+
Not necessarily. Arizona is a no-fault divorce state, so which spouse filed is not a factor in whether the court awards spousal support. The court looks at the length of the marriage, both spouses’ finances, the marital standard of living, age and health, earning capacity, and each spouse’s contributions to the marriage.
How Long Will I Have To Pay Spousal Support?+
It depends on the length of the marriage, any change in circumstances, and the receiving spouse’s need and ability to become self-sufficient. Support is meant to help a spouse transition to financial independence, so it often lasts only as long as the divorce process itself, though it can run until the receiving spouse finishes an education, or indefinitely if they are disabled or otherwise unable to become independent.
How Is Spousal Support Paid?+
The court decides the method based on the circumstances of the case, or what the spouses agree to. Most orders call for monthly payments through the Arizona Support Payment Clearinghouse or a similar service, though some spouses use a lump sum, a property transfer, a direct transfer, checks, or payments through an employer.
Spousal Support Guides From Our Attorneys
Longer answers to the questions people ask most about spousal maintenance in Arizona.
Understanding Arizona Spousal Maintenance
A complete guide to how alimony works in Arizona, from eligibility to how long it lasts.
Spousal Maintenance in Arizona: Who Qualifies
The factors a court weighs, how amounts are set, and typical durations.
How Arizona Handles Spousal Maintenance
How the Arizona spousal maintenance guidelines shape amount and duration in a current case.
Alimony Eligibility in Arizona
The threshold questions a spouse has to meet before support is considered.
Talk To An Arizona Spousal Support Attorney
Whether you are seeking spousal support, defending against a claim, or need help modifying or enforcing an existing order, Desert Legal Group can help. Our Arizona spousal support attorneys understand the law and will work to reach a resolution that fits your situation.
