Spousal Maintenance

Spousal Maintenance Eligibility

The 5 Factors To Determine Eligibility

Before deciding on a spousal maintenance amount, the court must first decide whether a spouse should even receive any spousal maintenance. The court looks at 5 factors found in A.R.S. 25-319(A) to determine if a spousal maintenance award is appropriate.

1. 1. Does the spouse lack sufficient property to provide for that spouse’s reasonable needs?
   2. If the spouse lacks earning ability in the labor market to be self-sufficient.
   3. If the spouse is the custodian of a child whose age or condition precludes employment.
   4. Whether the spouse significantly contributed to the educational opportunities or vocational training of the other spouse.
   5. Was it a long marriage and is the spouse of an age that precludes employment that would make the spouse self-sufficient?

It is possible to deviate from the amount and duration indicated in the calculator if either the court finds it to be unjust or if the parties agree to deviate. In either situation, the deviation must be based on the factors found in A.R.S. 28-319(B) which include:

1. The standard of living established during the marriage.
2. The duration of the marriage.
3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance.
4. The ability of the spouse from whom maintenance is sought to meet that spouse’s needs while meeting those of the spouse seeking maintenance.
5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market.
6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse.
7. The extent to which the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the benefit of the other spouse.
8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.
9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet that spouse’s own needs independently.
10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.
11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.
13. All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim.