When couples in Arizona file for divorce, either spouse may request that the court issue an order for Spousal Maintenance or Spousal Support (commonly known as Alimony). However, spousal maintenance is not awarded in every divorce in which it is requested.

The purpose of spousal maintenance is to assist a lower-earning spouse in completing the education or training needed to reenter the workforce and become self-supporting. It is generally rehabilitative in nature, intended to provide temporary support until the recipient can achieve financial independence.

In most cases, spousal maintenance is ordered for a short duration after the end of a marriage. However, it may be awarded for a longer period when the marriage is considered long-term, typically defined as lasting more than 10 years.

To determine if you are eligible for alimony or divorce support, consult with the DM Cantor‘s Family Law Practice (currently known as Cantor Law Group)’s Arizona divorce attorneys for guidance on state laws and alimony guidelines.

1. Qualifications

Judges in Arizona have broad discretion when deciding whether to award spousal maintenance, and it is never guaranteed. The Arizona Supreme Court is directed to establish guidelines, based on the factors outlined in A.R.S. § 25-319, to determine whether a spouse is eligible to receive maintenance.

Under A.R.S. § 25-319(A), a judge will consider whether the spouse:

1. Lacks sufficient property (including property apportioned to them) to meet their reasonable needs.
2. Lacks earning ability in the labor market sufficient to be self-sufficient.
3. Is the parent of a child whose age or condition makes it inappropriate for the parent to seek employment outside the home.
4. Has made a significant financial or other contribution to the education, training, vocational skills, career, or earning ability of the other spouse — or has significantly reduced their own income or career opportunities for the benefit of the other spouse.
5. Had a marriage of long duration and is of an age that may make it unlikely to secure employment adequate for self-sufficiency.

1. Calculator

In 2023, the Arizona Supreme Court introduced the Arizona Spousal Maintenance Calculator to help judges and attorneys make fair and consistent decisions regarding alimony payments. This online tool uses a standardized formula that considers factors such as:

• The length of the marriage
• The income and earning capacity of both spouses
• The standard of living established during the marriage

The free calculator serves as a starting point for negotiations, helping parties understand their options, rights, and the general guidelines applied in divorce court. However, it is not a substitute for a judge’s decision.

It is important to consult with an experienced DM Cantor‘s Family Law Practice (currently known as Cantor Law Group) Arizona family law attorney for guidance on:

• Alimony qualifications
• What constitutes income
• Permanent vs. temporary spousal maintenance
• The different types of alimony
• How property division can impact spousal maintenance awards
• Spousal maintenance costs
• What is considered “reasonable” spousal maintenance

Key Points About Spousal Maintenance in Arizona:

• Courts do not consider marital misconduct when deciding whether to award spousal maintenance.
• Spousal maintenance is not punitive — it is not awarded to punish a spouse.
• The statutes do not provide a set formula for the amount or duration of maintenance; judges determine this based on the factors presented and what seems fair under the circumstances.
• Understanding each party’s financial resources, income, and marital property is critical in applying the guidelines behind the Spousal Maintenance Calculator.

Special Rule for Veterans

Under A.R.S. § 25-530, courts may not include veterans’ disability benefits for service-connected disabilities as part of a spouse’s income when determining spousal maintenance using the Arizona Alimony Calculator.

1. Amount and Duration

In Arizona, the duration of a spousal maintenance (alimony) award is tied to the goal of helping the receiving spouse become self-sufficient. Maintenance is intended to last only as long as necessary for the receiving spouse to gain the education, training, or skills needed for financial independence.

Key Considerations for Duration

• Length of Marriage 
  • Measured from the date of marriage to the date the petition for dissolution or legal separation is filed.
  • Periods of physical separation without the initiation of legal proceedings are still included. 
• Duration Ranges 
  • Up to 12 months for marriages lasting up to 24 months.
  • Up to 36 months for marriages lasting 24 months or more, and up to 60 months for longer durations.
  • Rule of 65: If the age of the spouse seeking maintenance plus the length of the marriage equals or exceeds 65, duration is determined on a case-by-case basis. 
• Disability of the Receiving Spouse 
  • Permanent Disability: Duration decided on a case-by-case basis.
  • Indefinite Disability: When the impact on earning ability is uncertain, a fixed-term award is advisable, with the option to request an extension before expiration if the disability continues.

Determining the Amount of Spousal Maintenance

The Arizona Spousal Maintenance Calculator considers:

1. Family size – including both parties and any children they are legally obligated to support.
2. Annual income and annual attributed income for each spouse.
3. Monthly principal paid on the marital residence mortgage (excluding interest, taxes, and insurance) – averaged over the 12 months prior to filing.

The calculator:

• Combines expenditures for one adult and one-half of shared household expenses with the average monthly mortgage principal to determine total expenditures.
• Allocates the receiving spouse’s share proportionally to their share of combined annual income.

What Counts as Income?

Spousal maintenance income is different from gross or adjusted gross income for tax purposes and may include:

• Salaries, wages, commissions, bonuses
• Dividends, pensions, interest, trust income
• Self-employment or business income (minus necessary business expenses)
• Seasonal or fluctuating income (annualized for monthly average)
• Significant reimbursements or non-cash employment benefits that reduce personal living expenses

1. Tax Issues

Effective January 1, 2019, spousal maintenance (alimony) is no longer taxable for the recipient and no longer tax-deductible for the payer.

This change in divorce tax law reversed the long-standing system in which:

• The payer could deduct spousal maintenance payments from their taxable income.
• The recipient was required to report the payments as taxable income.

Under the current law:

• The spouse paying maintenance cannot claim a tax deduction for the payments.
• The spouse receiving maintenance does not include it as taxable income on their tax return.

The payments are still considered part of the payer’s overall income before the maintenance is paid.