Spousal support can be one of the more confusing financial issues to navigate during a divorce.
Will one spouse have to pay support? How much will it be? How long will payments continue?
The answer depends on the circumstances. Unlike some states, Arizona does not use one simple formula to determine spousal support, also called spousal maintenance. Instead, the court looks at the specific facts of each case.
What Is Spousal Support?
Spousal support is money that one spouse may be ordered to pay the other following a divorce.
Generally, the purpose is to address financial disparities between the spouses and, in some circumstances, provide financial support while one spouse works toward becoming self-sufficient.
It is important to understand that spousal support is not part of every Arizona divorce. The fact that one spouse earns more than the other does not automatically mean support will be awarded.
Instead, the court considers the circumstances of the marriage and each spouse before determining whether spousal maintenance is appropriate.
What Factors Affect Spousal Support in Arizona?
When determining whether spousal support is appropriate, as well as how much should be paid and for how long, Arizona courts may consider a variety of factors.
These can include:
- The length of the marriage
- The standard of living established during the marriage
- The age and health of each spouse
- Each spouse’s income and earning ability
- The contributions each spouse made during the marriage
These factors help the court develop a more complete picture of the financial circumstances surrounding the divorce.
For example, one spouse may have stepped away from a career to raise children or supported the other spouse while they pursued career advancement. Those contributions may be relevant when the court considers spousal support.
The court may also consider the financial resources available to each spouse, including property received as part of the divorce.
How Much Spousal Support Will You Receive or Pay?
Because Arizona does not use a one-size-fits-all calculation, there is no single answer to how much spousal support someone will receive or be required to pay.
Two couples with similar incomes could potentially have very different circumstances based on the length of their marriages, their financial resources, earning abilities, and other relevant factors.
That can make it difficult to estimate spousal maintenance based solely on what happened in someone else’s divorce. Your own circumstances are what matter.
Working with an experienced Arizona family law attorney can help you better understand the factors that may be relevant to your particular situation.
How Long Does Spousal Support Last in Arizona?
The duration of spousal support also depends on the circumstances of the case.
In some situations, support may be temporary and intended to help someone become financially self-sufficient. In others, particularly following a long-term marriage, support may continue for a longer period of time.
Just as there is no single amount that applies to every divorce, there is no single duration that applies to every spousal maintenance award.
Can Spousal Support Be Modified?
Another common question is whether an existing spousal support order can be changed after the divorce is finalized.
In certain circumstances, it may be possible.
A significant change in circumstances, such as a major change in income or financial need, may justify requesting a modification. Whether modification is available, however, depends on the specific terms of the existing order and the facts of the case.
If your financial circumstances have changed substantially, it is important to understand your options before assuming that your existing support obligation or award will automatically change.
Every Arizona Spousal Support Case Is Different
There is no one-size-fits-all answer to spousal support in Arizona.
The court considers the unique circumstances of the marriage and each spouse before making a decision about whether support is appropriate and, if so, what that support should look like.
If you have questions about spousal support, divorce, or another family law matter, The Shaw Law Group is here to help. If you need assistance in Gilbert, Maricopa County, or anywhere in Arizona, contact our team to schedule a consultation and discuss your situation.
