Spousal maintenance (formerly alimony) is not automatic in Arizona. It is designed to bridge the gap between married life and self-sufficiency. Judges look at factors like the length of the marriage, the standard of living, and the receiving spouse's ability to work.
Must meet one of five statutory eligibility factors under A.R.S. § 25-319
2025 Guidelines provide standardized calculation framework (effective Sept 2025)
Duration tied to marriage length; 'Rule of 65' for indefinite support
Post-2018 divorces: maintenance NOT tax-deductible for payer
Terminates upon death, remarriage, or court-ordered duration expiration
Arizona Spousal Support Law
In Arizona, spousal support (also called spousal maintenance or alimony) may be awarded to help one spouse maintain a reasonable standard of living after divorce. Arizona Revised Statutes § 25-319 governs spousal maintenance awards.
Arizona courts consider several factors when determining spousal support:
Length of the marriage
Age and health of both spouses
Standard of living during the marriage
Earning capacity and employability of each spouse
Financial resources and assets of each party
Contributions to the marriage (including homemaking)
Time needed for education or training to become self-sufficient
The new Arizona Spousal Maintenance Guidelines fundamentally changed how support is calculated. Cases filed after September 1, 2025 use the new math-based formulas. If your case was filed before this date, the old discretionary system may still apply. Check which guidelines apply to your case.
Effective September 1, 2025, Arizona fundamentally changed how spousal maintenance is calculated. The previous "discretionary" system has been replaced by the 2025 Spousal Maintenance Guidelines, adopted by the Arizona Supreme Court.
The New "Income Shares" Calculation
The new guidelines provide a math-based range for Amount and Duration of support, similar to child support.
Step 1: Eligibility Test. The court first determines if you are eligible under A.R.S. § 25-319 (e.g., lack sufficient property, long marriage, age prevents employment, or contributed to spouse's career).
Step 2: The Calculator. If eligible, the court uses the official Spousal Maintenance Calculator to determine a guideline range.
Step 3: Deviation. The court presumes the guideline amount is correct but can deviate based on specific factors (like significant assets or debt allocation).
Official Calculator
The Supreme Court provides the official calculator here:
Arizona Spousal Maintenance CalculatorNote: Ensure you select the "2025 Guidelines" version for any petition filed after Sep 1, 2025.
Duration Standards (Guideline Ranges)
The new guidelines tie the length of payments directly to the length of the marriage:
Short Term (< 5 years): Generally no award or very short duration (rehabilitative).
Mid-Term (10-20 years): 20% to 50% of the length of the marriage.
Long Term (20+ years): May be indefinite (until death/remarriage) or "Rule of 65" applies.
The "Rule of 65"
If the sum of the receiver's Age + Years of Marriage is ≥ 65, the guideline duration range extends to Indefinite.
(Example: A 50-year-old spouse married for 15 years = 65. The guideline recommendation includes indefinite support.)
Understanding the Rule of 65
The Rule of 65 recognizes that older spouses from long marriages may have limited ability to re-enter the workforce. Calculate: Your Age + Years of Marriage. If the total is 65 or more, you may qualify for indefinite support. Example: Age 55 + 12-year marriage = 67 → indefinite support range applies.
Deviations from Guidelines
Courts may deviate from guideline amounts based on specific statutory factors including:
Excessive or abnormal expenditures, destruction, concealment, or fraudulent disposition of community property
Contributions of one spouse to the educational opportunities or earning capacity of the other
Impact of parenting time on a party's ability to earn income
Age, employment history, earning ability, and physical and emotional condition
Standard of living established during marriage
Financial resources and earning abilities of both spouses
All actual damages and judgments from conduct resulting in criminal conviction of either spouse
Impact on Your Case
The 2025 Guidelines provide:
Predictability: Better ability to anticipate support amounts and duration
Consistency: More uniform treatment across different judges and courts
Negotiation framework: Clear starting point for settlement discussions
Transparency: Open calculations reduce uncertainty and litigation
Arizona recognizes several types of spousal maintenance:
Short-Term vs. Long-Term Spousal Support
Short-Term/Rehabilitative
Marriages under 10 years
Spouse can become self-supporting with training
Duration: 0-30% of marriage length
Designed to bridge gap to employment
Often includes education/retraining period
Long-Term/Indefinite
Long marriages (20+ years)
Age prevents re-entry to workforce
Rule of 65 applies (age + years ≥ 65)
Health issues limit employability
May continue until death or remarriage
Temporary Support: Paid during the divorce proceedings
Rehabilitative Support: Short-term support to help a spouse gain education or training
Compensatory Support: Compensation for contributions to the other spouse's education or career
Indefinite Support: Long-term support (formerly called permanent support), typically for longer marriages where one spouse cannot become self-supporting
Arizona Spousal Support Statutes and Legal Framework
Arizona spousal maintenance law is primarily governed by A.R.S. § 25-319, which provides the comprehensive legal framework for spousal support determinations:
Statutory Requirements for Eligibility
A.R.S. § 25-319 establishes specific criteria for spousal maintenance eligibility:
Spousal Maintenance Eligibility
Likely Eligible
Lack sufficient property for self-support
Age or health prevents employment
Long marriage with income disparity
Sacrificed career for spouse/family
Contributed to spouse's education/career
Likely NOT Eligible
Both spouses earn similar incomes
Short marriage (under 5 years)
Able to be self-supporting through employment
Received substantial property in division
No income disparity between spouses
Lack sufficient property: Spouse lacks sufficient property to provide for reasonable needs
Unable to support self: Spouse is unable to support self through appropriate employment
Significant contribution: Spouse made significant contribution to other spouse's education or career
Marriage of long duration: Marriage lasted so long that age makes employment unrealistic
Reduced earning capacity: Spouse significantly reduced income or career opportunities during marriage
Related Statutes
A.R.S. § 25-327: Modification and termination of provisions for maintenance, support and property disposition
A.R.S. § 25-318: Disposition of property; retroactivity; notice to creditors; assignment of debts; contempt of court
The Tax Cuts and Jobs Act of 2017 significantly changed the federal tax treatment of spousal support, affecting Arizona divorces:
Current Tax Rules (Post-2018)
Post-2018 Tax Treatment
For divorces finalized after December 31, 2018, spousal maintenance is NOT tax-deductible for the payer and NOT taxable income for the recipient. This means payers pay with after-tax dollars, effectively increasing the cost. Factor this into settlement negotiations.
For divorce agreements executed after December 31, 2018:
Not deductible for payer: Spousal support payments are not tax-deductible
Not taxable to recipient: Received spousal support is not taxable income
No dependency exemptions: Traditional exemption rules no longer apply
Higher effective cost: Payers now pay with after-tax dollars
Pre-2019 Rules (Grandfathered)
For agreements executed before January 1, 2019:
Deductible for payer: Support payments reduce taxable income
Taxable to recipient: Received support counts as taxable income
Income shifting benefit: Transfers income from higher to lower tax bracket
Planning Considerations
Gross-up calculations: Determining equivalent after-tax support amounts
Tax bracket differences: How different tax rates affect support calculations
Modified agreements: How modifications affect grandfathered status
State tax implications: Arizona-specific tax considerations
Spousal Support in High-Income Cases
High-asset divorces present unique challenges for spousal support determinations in Arizona:
Lifestyle Maintenance Considerations
Marital standard of living: Maintaining established high-end lifestyle
Luxury expenses: Private schools, country clubs, vacation homes
Investment management: Professional financial management and advice
Travel and entertainment: Maintaining social and professional relationships
Complex Income Analysis
Multiple income sources: Salaries, bonuses, investments, business income
Maricopa County Superior Court handles all spousal support cases in the Phoenix metropolitan area. Understanding local procedures is essential for effective representation.
Maricopa County Filing Locations
Spousal support petitions and motions can be filed at:
Southeast Courthouse: 222 E. Javelina Avenue, Mesa, AZ 85210
Northeast Courthouse: 18380 N. 40th Street, Phoenix, AZ 85032
Central Court Building: 201 W. Jefferson Street, Phoenix, AZ 85003
Northwest Courthouse: 14264 W. Tierra Buena Lane, Surprise, AZ 85374
Filing Fees (2024-2025)
Petition for Dissolution with spousal support: Check current fee schedule (approx. $600-$700 total for both parties)
Motion to modify spousal support: Varies by motion type (approximately $50-$100)
Contempt filing: approximately $48 filing fee
Fee waiver available: If you cannot afford fees, file Application for Deferral or Waiver of Court Fees
Early Resolution Conference (ERC)
Maricopa County requires Early Resolution Conference in most cases:
Mandatory attendance: Required within 120 days of service
Settlement focus: Designed to resolve spousal support disputes early
Judge facilitation: Settlement conference judge assists with negotiations
Guidelines discussed: 2025 Guidelines provide framework for settlement
Required Forms for Spousal Support
Affidavit of Financial Information: Complete disclosure of income, assets, and expenses
Income documentation: Pay stubs, tax returns, business records
Private mediation option: Can hire private mediator for complex cases
Settlement rate: Most cases settle during mediation
Self-Service Center
Maricopa County provides free resources:
Location: Central Court Building, 201 W. Jefferson St., Phoenix
Services: Form assistance, filing help, legal information
Calculator access: Computers available to use 2025 Guidelines calculator
No legal advice: Staff cannot provide legal advice but can help with forms
Relevant Statutes: Maricopa County Local Rule 3.5, ARFLP Rule 47
The Legal Process
Eligibility Analysis
Determining if you meet the statutory requirements for maintenance.
Van Arsdale Analysis
Calculating a fair amount and duration based on established case law factors.
Common Questions
Am I eligible for spousal maintenance in Arizona?
You may be eligible if you lack sufficient property for self-support, cannot be self-sufficient through employment, contributed significantly to your spouse's education or career, or if your marriage was of long duration making age a barrier to employment. Courts evaluate these factors under A.R.S. § 25-319.
How much spousal maintenance will I receive or pay in Arizona?
The 2025 Arizona Spousal Maintenance Guidelines provide a framework based on both spouses' incomes and marriage length. The official calculator at www.superiorcourt.maricopa.gov/app/selfsuffcalc/ provides estimates. Courts can deviate from guideline amounts based on specific circumstances.
How long does spousal maintenance last in Arizona?
Duration depends on marriage length: short marriages (under 5 years) typically receive 0-20% of marriage length; medium marriages (10-20 years) receive 20-50%; and long marriages (20+ years) may receive indefinite support. The 'Rule of 65' applies when spouse's age plus marriage years equals 65 or more.
Anthony F. Paradise, Esq.
I didn't choose family law. I chose the courtroom.
The preparation. The argument. The moment when everything you've built either holds or falls apart. After earning my J.D. from Arizona Summit Law School, I clerked for a prominent criminal defense and wrongful death attorney. I learned how to build cases that hold up under pressure and how to perform when everything is on the line.
When I committed to practice full time, I brought that same intensity to family law. I understood what it feels like when everything you've built is coming apart. And I learned that how something ends matters as much as how it began.
I have devoted 100% of my practice to family law since 2020. Not because it's easy. Because it's where I belong.
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Relationships are hard. Sometimes the healthiest thing for you, for your children, for everyone, is to separate. But how you end matters as much as why.
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