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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.
However, the marriage's duration significantly impacts the length of time for which maintenance may be awarded. Generally, most spousal maintenance orders in Arizona last between 30% to 50% of the marriage duration. For example, a 10-year marriage might result in 3 to 5 years of spousal maintenance.
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.
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.
How is the Amount of Alimony Determined? Supporting Spouse's Ability to Pay. The Best Interest of Children. The Lenght of a Marriage. The Ability to Earn. Standard of Living the Spouses Maintained During the Marriage. Educational or Emotional Support.
The Lenght of a Marriage The duration of support payments typically depends on the length of the marriage. The longer the marriage, the better your chances of getting spousal support.
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.
California Alimony California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
First Step: Eligibility for Alimony Judges may award alimony to a spouse who: doesn't have enough property to meet that spouse's needs, even after the couple's property has been divided in the divorce. doesn't have enough earning ability in the labor market to be self-sufficient.