Spousal Support

• Is there a formula for determining how much spousal support will be ordered in my case?

At one time the Maricopa County Superior Court had proposed using a set of guidelines to determine the amount and duration of a spousal maintenance award.  These guidelines used a formula for calculating the appropriate amount of support to be paid, and the period of time over which the support payments must be paid.  These guidelines, however, were meant to be used only after the court has ruled that a person is entitled to spousal maintenance, which requires the court to consider certain other factors beyond the length of the marriage and difference in income.  These guidelines were never formally adopted by the Court, but their use has been approved by the Arizona Court of Appeals under certain conditions (Cullum v. Cullum, 160 P.3d 231, 507 Ariz. Adv. Rep. 38).  Not all judges and lawyers will use these guidelines to determine what is truly fair in a particularly case, and you should not rely on them as the final word on how much you should expect to pay or receive.
        To use the formula, you must first take the number of years the spouses were married and multiply that number by 0.015.  You then take the result of that calculation and multiply it by the dollar amount difference between each spouse’s gross monthly income.  The length of the award would be between the number of years of marriage multiplied by a number between 0.3 and 0.5.  For example, suppose that the spouses were married for 20 years.  Your first calculation would be 20 x 0.015 = 0.3.   Now suppose that Husband earns $6,000 per month and Wife earns $2,000 per month, so the difference between their gross monthly incomes is $4,000.  To determine the monthly amount of the award, your next calculation would be $4,000 x 0.3 = $1,200.  To determine the length of the award in years, you would make the following calculation:  20 x (0.3 to 0.5) = 6 to 10 years.

• What factors are considered when determining if someone is entitled to receive spousal maintenance?

The court may consider many facts when deciding if spousal maintenance is appropriate in a particular case.  The criteria that the Arizona court considers are set forth in A.R.S. § 25-319(A), which states that the Court may award spousal maintenance for any of the following reasons if it finds that the spouse seeking maintenance:

1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs.

2. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient.

3. Contributed to the educational opportunities of the other spouse.

4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient.

Consult with an attorney if you are unsure whether spousal support is appropriate in your case.

• What factors are considered when determining the amount and duration of the spousal maintenance order?

As mentioned above, the Maricopa County Superior Court may use a set of guidelines to determine the amount and duration of a spousal maintenance award.  If the the court handling your case does not use the guidelines, then the factors set forth in A.R.S. § 25-319(B) will be considered, which include:

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.

 

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