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.
The Rule of 65 Requirements For the Rule of 65 to apply, all three of the following requirements need to be met: The party seeking maintenance is at least 42 years old. The marriage lasted at least 16 years. Age of the spouse seeking maintenance + length of marriage is equal to or greater than 65.
Arizona law does not use a strict formula for calculating spousal maintenance, unlike child support. Instead, courts consider a variety of factors, including: Income and Earning Potential: The income of both spouses and their potential to earn post-divorce is a critical factor.
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.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
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.
If you qualify for alimony, the amount awarded will depend on several factors, including: The same factors used to decide if you qualify. Your marital standard of living. You and your spouse's age, health, earning capacity and relative financial resources.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.