Alimony, formally known as spousal maintenance, has traditionally been a contentious and unpredictable aspect of Arizona's divorce law. Spousal maintenance has in the past been subject to the broad discretion of individual judges, both as to eligibility and as to amount and duration. This variability has led to inconsistent decisions and a lack of predictability for litigants in divorce proceedings. To address these issues, the Arizona Supreme Court has recently adopted guidelines aimed at standardizing the process of awarding spousal maintenance.

The spousal maintenance guidelines, which apply retroactively to all divorce cases filed after September 24, 2022, are designed to ensure that the financial support awarded is adequate to enable the recipient to achieve self-sufficiency. The introduction of these guidelines marks a significant shift towards a more structured approach in determining both the amount and the duration of spousal maintenance awards.

Before awarding alimony, the court must determine eligibility, taking into account whether the requesting party meets these criteria:

• Has insufficient property, after the marital property is distributed, to support themselves

• Is unable to obtain employment that will make them self-sufficient, such as having been too long out of the job market or being in charge of caring for a young child

• Helped increase the other spouse’s earning capacity by contributing to the cost of his or her education, training or vocational skills

• Has significantly decreased their own income or career opportunities to benefit their spouse

Once a judge determines that a party is eligible for spousal maintenance, the guidelines provide a range of options regarding the amount and length of the award. Several factors are taken into consideration in these calculations, including the length of the marriage, the income of both parties, their assets and debts, the size of the family, and the ages of the individuals involved.

In particular, the guidelines offer specific protections for elderly and disabled individuals, recognizing the unique challenges they may face in achieving self-sufficiency. By incorporating these various elements into a comprehensive calculator, the guidelines give judges a structured framework within which to make their decisions. However, while judges have some leeway to deviate from the specified amounts, the duration of the maintenance must fall within the prescribed ranges, which helps to avoid excessively long-term maintenance awards. 

For individuals going through a divorce, it is helpful to seek the advice of an experienced Arizona divorce attorney who is well-versed in these new guidelines and capable of advocating effectively on their behalf. Knowledgeable legal representation can make a significant difference in ensuring that a party's interests are fully protected under the new system.

At Clark & Schloss Family Law, P.C. in Scottsdale, Arizona, we concentrate our practice in family law, including spousal maintenance matters. With extensive experience and a deep understanding of the new guidelines, our firm is well-equipped to provide representation you need during this challenging time. For a consultation, please call 602-789-3497 or contact us online.