How Is Amount and Duration of Spousal Maintenance Calculated Under Arizona Law?

In the State of Arizona, spousal maintenance awards (sometimes referred to as alimony or spousal support) are intended to support a former spouse in becoming self-sufficient after a legal separation or divorce. See _{^{ARIZ. REV. STAT. ANN.}} § 25-319(B). The applicable statute states that courts “may award spousal maintenance pursuant to the guidelines only for a period of time and in an amount necessary to enable to the receiving spouse to become self-sufficient.” Id. In working through spousal maintenance issues, it is important to understand that the Arizona courts have to first determine whether a spousal is eligible to receive spousal maintenance and then separately determine the amount and duration of the award. This writing discusses the process and standards for determining the amount and duration of spousal maintenance awards under the Arizona law.

On June 30, 2023, the Arizona Supreme Court approved the Arizona Spousal Maintenance Guidelines, which lay out the standards for determining the various factors that affect the amount and duration of a spousal maintenance award. See Arizona Spousal Maintenance Guidelines, at § 1(A). These guidelines are used in conjunction with the Arizona Spousal Maintenance Calculator, an online application, for calculating ranges for the amount and duration of spousal maintenance, as well as the circumstances under which a court may deviate from the ranges in making its award. See id.

Section II for the Arizona Spousal Maintenance Guidelines address “family size” for purposes of calculating a spousal maintenance award. See id. at § II. Under the guidelines, family size generally consists of the two parties and any child for whom either of the parties is actually providing legally required financial support. See id. The child might be a minor, might be an adult with special needs, might live with one of the parties, or might live apart from the parties—the key issue is whether financial support is actually being provided by one of the parties to the child based on a legal obligation. See id.

Section III of the Arizona Spousal Maintenance Guidelines deals with determining the incomes used in calculating a spousal maintenance award. See id. at § III. Section III covers many different scenarios that might arise in calculating income but, in general, the analysis begins figuring out each party’s “Actual Income.” See id. at § III(A)(1)(b). “Actual Income” consists of “income from any source before deductions and withholding.” Id. In doing so, the guidelines permit the court to annualize income and to make decisions about when non-recurring income should be included in the calculation. See id. at § III(A)(1)(d)-(e). The guidelines also address factoring in payments from retirement income, expense reimbursements, military income, and child support for a child not common to the parties. See id. at § III(A)(1).

The section pertaining to income also provides guidance on what is not included in determining “Actual Income” for purposes of calculating the ranges used in making a spousal maintenance award. See id. at § III(A)(2). For example, child support paid between the parties in the case is generally not included as “Actual Income.” See id. at § III(A)(2)(a). Likewise, for the paying spouse, certain federal disability benefits and reasonable spousal maintenance payments made for other cases are not included in the calculation of “Actual Income.” See id. at § III(A)(2)(b)-(c). The guidelines also address scenarios in which a party should be attributed income that is not actually earned/received and scenarios in which the ownership of property should be included in “Actual Income.” See id. at § III(B)-(C).

Section V of the Arizona Spousal Maintenance Guidelines addresses the factors that go into determining the duration of the spousal maintenance award. See id. at § V. One major factor is marriage length, which is determined by the number of months from the date of marriage through the date of service of process of the underlying petition. See id. at § V(B)(1). The range of possible durations for spousal maintenance are then calculated based off of the marriage length, with the following ranges given:

• Three (3) to twelve (12) months of spousal maintenance may be awarded when the marriage is less than twenty-four (24) months in length.

• Six (6) to thirty-six (36) months of spousal maintenance may be awarded when the marriage is at least twenty-four (24) months and less sixty (60) months in length.

• Six (6) to forty-eight (48) months of spousal maintenance may be awarded when the marriage is at least sixty (60) months and less than one-hundred and twenty (120) months.

• Twelve (12) to sixty (60) months of spousal maintenance may be awarded when the marriage is at least one-hundred and twenty (120) but less than one-hundred and ninety-two (192) months.

See id. at § V(B)(2)(a).

For marriages of at least one-hundred and ninety-two (192) months, the range of spousal maintenance is twelve (12) months upon to ninety (96) months, subject to the Rule of 65. See id. The Rule of 65 allows the court discretion in determining the length of spousal maintenance if the age of the party seeking spousal maintenance, when combined with the number of years of length of the marriage, exceeds sixty (65) years. See id. at § V(B)(2)(b). The guidelines also set forth details regarding how the courts should handle scenarios involving disability and extraordinary circumstances when establishing the available range of spousal maintenance award. See id. at § V(B)(2)(c)-(d).

Once the range of duration is determined, Arizona courts then consider a series of statutory factors in deciding the specific duration of the award, including:

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 resulted in criminal conviction of either spouse in which the other spouse or a child was the victim.

_{^{ARIZ. REV. STAT. ANN.}} § 25-319(B); see id. at § V(C).

The Arizona Spousal Maintenance Guidelines contain many other provisions that Arizona courts consider when making spousal maintenance award. These types of cases can often present complex factual and legal questions that call for the assistance of an experienced and knowledgeable family law attorney. If you are facing a petition for dissolution / divorce, a petition for legal separation, a petition to modify spousal maintenance, or a petition to terminate spousal maintenance, contact Huffman-Shayeb Law, PLLC to schedule a consultation to explore your options.