Alimony Spouse Support Withholding In Phoenix
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FAQ
On the lower end, a spouse may receive $1,200 (15% of $8,000). On the higher end, a spouse may receive $2,000 (25% percent of $8,000). That means that the spouse would likely receive somewhere between $1,200 and $2,000 per month.
Judges are given broad discretion in whether to order Spousal Maintenance. It is not guaranteed. Further, the Arizona Supreme Court is directed to establish guidelines based on different factors that are outlined in A.R.S. § 25-319 that will determine whether a spouse in eligible to receive maintenance.
For the Rule of 65 to apply, three things must be true: (1) the party seeking the award is at least 42 years old, (2) the marriage length, as defined above, is at least 16 years (193 or more months), and (3) the age of the spouse seeking spousal maintenance plus the marriage length is equal to or greater than 65.
A. What is Arizona's policy about spousal maintenance duration? Under A.R.S. § 25-319(B), as revised effective September 24, 2022, the spousal maintenance award is only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient.
Judges are given broad discretion in whether to order Spousal Maintenance. It is not guaranteed. Further, the Arizona Supreme Court is directed to establish guidelines based on different factors that are outlined in A.R.S. § 25-319 that will determine whether a spouse in eligible to receive maintenance.
Is Alimony Automatically Required in Arizona? The court does not always grant alimony during divorce proceedings, and even if it is likely that one spouse should receive alimony, the process is not automatic.
In Arizona, alimony is considered reasonable if it is less than 50% of the paying spouse's income pre-divorce. Most reasonable spousal maintenance payments fall between 15% and 30% of the paying spouse's pre-divorce income to enable the receiving spouse to meet their own needs.
Spousal maintenance can be either modifiable or non-modifiable. Generally, when a spousal support order is the byproduct of an agreement between the spouses, after the divorce decree is entered, neither one of the parties or the Court can modify the duration or amount set forth in the support order.
Under A.R.S. § 25-508, recipient spouses who have not received owed spousal support payments can file a petition to enforce the orders with the court. After the petition is filed, a hearing will be scheduled.
