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FAQ - Divorce

Under what circumstances can spousal maintenance be paid?

Generally, the individuals can agree or the court can order spousal maintenance be paid by one spouse to another. The court will follow the state law (A.R.S. § 25-319) when determining if spousal maintenance is appropriate and will grant 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 the reasonable needs of the spouse.
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.