In Arizona, payments for military disability cannot be considered in determining alimony amounts (or “spousal maintenance,” as it is usually called).
The terms of Arizona’s statute, A.R.S. 25-530, say,
“In determining whether to award spousal maintenance or the amount of any award of spousal maintenance, the court shall not consider any federal disability benefits awarded to the other spouse for service-connected disabilities . . . . ”
Arizona has two discreet questions regarding spousal maintenance: first the court must determine whether or not a party is eligible for maintenance, and if so the court must secondarily determine how much maintenance is appropriate. If a party is eligible for maintenance, the court can consider a number of factors, including “the ability of the spouse from whom maintenance is sought to meet that spouse’s needs while meeting those of the spouse seeking maintenance.” A.R.S. 25-319(B).
In a recent case before the Arizona Court of Appeals, In re the Marriage of Downing, one of the litigants argued that the military disability statute couldn’t be applied to that factor.
The court disagreed. It felt that such an interpretation was inconsistent with the plain meaning of the statute. Accordingly, it held that military disability cannot be considered in determining the ability of a spouse to meet his or her needs under 25-319(B).