Factors the Court Considers in Determining Spousal Maintenance

When Do You Qualify for Spousal Maintenance?

There are limited circumstances when a spouse qualifies for an award of spousal maintenance. Some of those circumstances include when the parties have had a long-term marriage, or a spouse is not able to work at an income level to be self-sufficient, or if a spouse has reduced their own career opportunities for the benefit of the other spouse’s career.

Spousal maintenance is most often requested when one spouse lacks sufficient property and earnings to support themselves following a long-term marriage. This typically happens when one spouse has been out of the workforce for many years, perhaps staying home to care for children while the other spouse continues to work and advance their career.

In Arizona, spousal maintenance is most often rehabilitative, meaning that the goal is to order spousal maintenance payments for a limited period of time to support that spouse while they re-enter the workforce and gain the necessary skills and training to become self-sufficient.

In some rare circumstances, a spouse may not be able to re-enter the work force, and when that happens the spousal maintenance may continue for a longer period of time.

How are Spousal Maintenance Amounts Determined?

The judge will look at various statutory factors, including the spousal maintenance guidelines, to make a determination regarding the amount and duration of spousal maintenance. Some of the factors the court will consider include the standard of living of the marriage, the length of the marriage, the earning ability of the person seeking spousal maintenance, the time necessary to obtain training or education to re-enter the work force.

Why You Should Work with a Divorce Attorney?

Spousal maintenance is a complicated issue, it is important to work with a knowledgeable divorce attorney. The attorneys at Lawrence & Jecmen can help.