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Recent Arizona Cases Part I – Spousal Maintenance

Posted on 2nd February 2011 by RadiateWP in Blog, Divorce and Custody

Spousal Maintenance, otherwise known as spousal support or alimony, is defined as the obligation to provide financial support to one’s spouse after separation or divorce. This financial obligation continues after the initial divorce and is usually decided on by the courts. A recent case in Arizona dealing with Spousal Maintenance involved parties who were married in July 1998 and later divorced in September, 2006. The husband was a pilot who earned $25,744 per month. The wife earned an average of $3,517 per month. During the divorce proceedings, the trial court gave the wife spousal maintenance of $2,700 per month for 21 months. The trial court came to this conclusion after reviewing the factors outlined in A.R.S. §25-319(B). The Husband decided to challenge the trial court’s awarding of spousal maintenance claiming the Maricopa County Guidelines would make him pay a different amount. According to the appellate court, there are “no legally authoritative guidelines governing spousal maintenance in Maricopa County, nor in any other Arizona county.” A.R.S. §25-319(B) grants the trial court the freedom to decide the amount and duration of spousal maintenance as long as they consider all the factors involved. However, the trial court is not allowed to refer to any guidelines to determine its decision. In this case, the appellate court found that the trial court went through careful steps in considering the important issues involved. For more information, see Ramsay v. Wheeler-Ramsay 1CA-CV09-0045. Links A.R.S. §25-319(B) – http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00319.htm&Title=25&DocType=ARS Ramsay v. Wheeler-Ramsay – http://www.cofad1.state.az.us/opinionfiles/CV/CV090045.pdf]]>

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