As of July 10th, 2023, the guidelines governing spousal maintenance during and after a divorce in the State of Arizona have changed. If you are currently undergoing divorce proceedings, it’s vital that you understand these changes and what they may mean for your fundamental rights and legal obligations under state law. These changes do not only apply to new spousal support orders – they also apply to those seeking modifications to a support order based on a final decree or legal separation order dated on or after September 24th, 2022.
In Arizona, regardless of the guidelines being applied, there is a distinction to be made between eligibility for an award of spousal support vs. an entitlement to the same. It is entirely possible for a spouse to be eligible for support under statute, but not entitled to it. If a spouse is shown to meet at least one factor for eligibility under A.R.S. § 25-319(A), then the court must proceed to use the Spousal Maintenance Calculator. If the spouse does not demonstrate that eligibility, the court is not required to use the calculator.
Entitlement is distinct from eligibility in that the court must also determine, in addition to the amount calculated, that the award of spousal support is just an appropriate under the existing guidelines. These generally focus on each spouse’s ability to be self-sufficient following the order of separation or dissolution, and the amount of time necessary for the awarded spouse to become self-sufficient if they aren’t at the time of the legal order.
These are some of the largest Effective factors:
The following factors will be considered when the court makes a calculation of spousal support under the new guidelines or makes a modification to an existing support order dated on or after September 24th, 2022.
Family Size
Family size is considered based on the parties to the divorce or separation order, plus any and all children that they have a legal obligation to support that the party is actually paying support towards. A child who does not live with the interested party, and to whom the party is not required to pay support, is not included in the family size calculation.
Determined Maintenance Income
Maintenance income is calculated next. The terms spousal maintenance income and actual income do not have the same meaning in law as gross income or adjusted gross income as one might be familiar with for tax purposes. These also may differ from income as assessed for the purposes of child support.
While these factors are some of the most important in determining spousal maintenance, they aren’t the only ones. Read more factors here.
If you are undergoing divorce or separation, we here at Simon Law Group can help. Contact us today for a consultation!
