How does alimony work in Arizona?

Arizona spousal maintenance is governed by A.R.S. § 25-319 and was significantly modernized by 2023 Arizona Spousal Maintenance Guidelines effective July 10, 2023.

1. Two-Step Analysis

Step 1 — Eligibility (§ 25-319(A)): The spouse seeking maintenance must establish at least one of:

Lacks sufficient property, including property apportioned in the divorce, to provide for reasonable needs

Is unable to be self-sufficient through appropriate employment, OR is the custodian of a child whose age/condition makes outside employment inappropriate, OR lacks earning ability in the labor market adequate to be self-sufficient

Contributed to the educational opportunities of the other spouse

Had a marriage of long duration AND is of an age that may preclude obtaining adequate employment

Step 2 — Amount and Duration (§ 25-319(B)): 13 factors:

Standard of living established during marriage

Duration of the marriage

Age, employment history, earning ability, physical and emotional condition

Ability of the spouse from whom maintenance is sought to meet own needs while meeting those of the other

Comparative financial resources, including earning abilities

Contribution of the spouse seeking maintenance to the earning ability of the other

Extent to which spouse seeking maintenance has reduced income or career opportunities for benefit of the other

Ability of both parties to contribute to children's future education costs

Financial resources, including ability to meet needs independently

Time necessary to acquire sufficient education/training

Excessive or abnormal expenditures, destruction, concealment, or fraudulent disposition of community property

Cost for the spouse seeking maintenance to obtain health insurance

All actual damages and judgments from conduct that resulted in criminal conviction of either spouse where the other or a child was the victim

2. The 2023 Arizona Spousal Maintenance Guidelines

Effective July 10, 2023, Arizona adopted presumptive guidelines modeled on the AAML formula:

Amount: a percentage of the difference between the parties' incomes, varying with marriage length

Duration: a percentage of the length of the marriage based on tiers (similar to Illinois)

These are presumptive — courts may deviate with written findings.

3. Marital Misconduct Generally Not Considered

Arizona is a no-fault state and § 25-319 does not list misconduct as a factor (except criminal conduct against spouse/child under factor 13).

4. Modification — § 25-327

Modifiable on a substantial and continuing change of circumstances. Parties may agree in a separation agreement to make maintenance non-modifiable under § 25-317(G).

5. Termination

Death of either party

Remarriage of recipient (§ 25-327(B)) unless decree provides otherwise

Cohabitation: not automatic termination, but a factor for modification

This is legal information, not legal advice.