Spousal Support/Alimony

Spousal Support/Alimony

FAMILY LAW ATTORNEY

Spousal Support in Phoenix

Spousal maintenance, also referred to as spousal support or alimony, originated during a time when men were generally the sole or primary wage earner of a household. Spousal support isn’t awarded in every modern divorce, especially when both spouses earn comparable wages. Generally, a spousal maintenance agreement will be required if:


  • There’s a significant difference between incomes
  • One spouse must stay home to provide childcare or can’t work fulltime due to parenting responsibilities
  • Other circumstances, such as education or job prospects, necessitate spousal maintenance


In a no-fault divorce state like Arizona, no one spouse is officially blamed for the divorce. There are few scenarios in which misconduct will affect a spousal maintenance agreement. The main exceptions to this rule are instances where one spouse wasted joint assets or funds on something like an addiction (gambling, drugs, etc.) or secretly took on significant debts.


Spousal maintenance isn’t usually a permanent arrangement. In some divorces, spousal maintenance may only be awarded while one of the parties goes back to school to earn a degree or obtain vocational training.


Each marriage is different. The best way to understand what your potential rights could be for spousal maintenance during and after a divorce will be to speak with a family law attorney. Phoenix divorce and alimony attorney Steven R. Garcia can help you understand the potential spousal maintenance you might owe or be entitled to after the dissolution of your marriage.

Conditions in Which Spousal Maintenance May Be Justified

There are several scenarios that make it more likely that you or your spouse will be entitled to alimony:


  • Even after asset distribution one spouse still lacks the assets and income to support themselves
  • One spouse sacrificed their own career to support the other spouse’s education or career advancement
  • The long-term homemaker in the family doesn’t have the skills or experience necessary to find employment that will allow for a lifestyle comparable to that which was maintained during the marriage
  • The parent with primary or sole custody of a young or disabled child cannot both find gainful employment that meets the above criteria and meet the parenting needs of the child/ren

Factors that Influence the Amount of Spousal Support

The amount of spousal maintenance awarded, when it is appropriate, can vary based on many different factors: 


  • How long the marriage lasted
  • The standard of living maintained during the marriage 
  • Age, physical and emotional health, employment history and earning potential 
  • The income or earning capacity of the spouse paying maintenance 
  • The ability of either spouse to help fund educational costs for their children 
  • Misdeeds during the marriage or divorce (excessive, wasteful and concealed spending, hidden assets, fraud, etc.) 
  • Health insurance
  • Domestic abuse or other criminal behavior 


The duration of spousal support usually varies based on the length of the marriage. In most cases alimony is awarded for 30 to 50 percent of the years married. If a marriage lasted eight years, the spousal support might last two and half to four years. However, the previously listed factors may influence the ultimate duration of a spousal maintenance agreement. 

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Do You Need Help Petitioning for Spousal Support Modification?

You can learn more about spousal support or find out if you might be eligible to petition for a change in spousal maintenance by contacting Phoenix divorce attorney Stephen R. Garcia.

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