How Spousal Maintenance is Determined in Arizona

Spousal Maintenance, known in many other states as “Alimony,” is the grayest of gray areas in Arizona Family Law.

Determining whether to award spousal support during a divorce is a matter of judicial discretion.  This means that it is up to the judge to decide whether an award of spousal maintenance would be appropriate, based on an examination of the facts of your particular case.  The amount and length of the spousal maintenance award is also determined by the judge.  An award of spousal maintenance may be granted in favor of either spouse, depending on whether it is the Husband or the Wife who is in need of support.

In making her/his decision, the judge will consider the factors listed in Arizona Revised Statutes, Section 25-319(A).  Factors in that section include the length of the marriage; the age of the spouse seeking spousal support; whether that spouse is able to be self-sufficient through employment; whether she/he has sufficient property to provide for her/his reasonable needs; and whether she/he is caring for a child whose age or condition makes it difficult or impossible to work.  If the judge determines that one or more of the above factors applies, then spousal maintenance may be awarded.

But there is another important part of the equation —  How much should be paid in spousal maintenance?  . . . And for how long?

For the answer to these questions, the judge turns to section B of the statute.  The problem is that there is nothing in Section B that specifically tells the Court the amount, or the duration, of a spousal maintenance award.  Instead, there is a second list of factors for the judge to consider in making his or her decision.  Here are the factors:

1.      The standard of living established during the marriage;

2.      The duration of the marriage;

3.      The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance;

4.      The ability of the spouse from whom maintenance is sought to meet that spouses’ needs while meeting those of the spouse seeking maintenance;

5.      The comparative financial resources of the spouses, including their comparative earning abilities in the labor market;

6.      The contribution of the spouse seeking maintenance to the earning ability of the other spouse; 

7.      The extent to which the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the benefit of the other spouse;

8.      The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children;

9.      The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet that spouse’s own needs independently;

10.    The time necessary to acquire sufficient education  or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available;

11.    Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common;

12.    The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved;

13.    All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim.

As you can see, there is absolutely nothing in the statute that tells the judge how much the spousal maintenance payment should be — or for how long it should be paid.  Unlike child support decisions where the Court has a set of guidelines that can be used to determine the monthly support amount, there is no set of guidelines for the determination and calculation of spousal maintenance.  Therefore, the final result will depend on how each judge views the facts, and how he or she applies the statutory factors.  This leaves the door open for wide variations in spousal maintenance awards.

The bottom line is this:  It is important for a person seeking spousal maintenance to present a solid case using a “needs-based” analysis.  Thorough preparation, good organization, and a persuasive presentation will give you the best chance for success.  This is one area of law where a strong, experienced attorney can make an enormous difference.

The Law Firm of Gary Frank P.C. is an Arizona Family Law firm that has been a fixture in the prestigious Biltmore area of Phoenix, Arizona for over thirty years.  Our attorneys, Gary Frank and Hanna Juncaj, are strong litigators, highly-skilled mediators, and compassionate counselors. We handle divorce and spousal maintenance cases, as well as legal decision-making, parenting time, child support, relocation/move-away, Paternity, Grandparents’ rights and Non-Parents’ rights cases, modification actions, enforcement actions, and all other matters related to Family Law.  If you are in need of a consultation, attorneys Gary and Hanna would love to talk to you.  Please call us today.  You can reach our office at 602-383-3610, or you can contact us by email at through our website.  To learn more about our firm, take a look at our web site at www.garyfranklaw.com.  We’d be happy to help you.

YOU ARE THE ADULTS – KEEP THE KIDS OUT OF YOUR DISPUTE … PLEASE!

Mister Rogers (talking to a young boy whose parents are going through a divorce):
“I think one of the toughest things for children is for their parents not to be getting along, and so divorce feels like it’s just ripping a piece of cloth apart, and for children to try to understand that is sometimes way beyond their capacities.  So you really need somebody to help you know that both your mother and your dad love you.  It wasn’t your fault that your mom and dad don’t live together, and it won’t be your fault if they get a divorce.  As a matter of fact, you are probably one of the best things that has ever happened to your mom and your dad.  And they’ll love you as long as they live – and even longer.  But for a little child to have a mom and dad that don’t like each other, it’s very important for you to know that they still love you.”*
A divorce can be devastating for a child.  But it doesn’t have to be.  Studies show that where the parents keep the children out of the middle of their dispute, and where they are able to find a way to co-parent (in spite of their differences), then the children will likely turn out just fine.  However, this is easier said than done.  When a relationship falls apart, it is a difficult and emotional time, even for the strongest and best of us.  Fear, sadness, and anger are human emotions, and to struggle with these feelings during a divorce or separation is normal and natural.  But remember that while you, as an adult, are able to make sense of the situation and understand your feelings – a child (even a teenager) is not capable of doing so.  He or she is helpless, confused, and scared.  A child is likely to feel that the problem is, somehow, his or her fault, and often those confused feelings and a deep sense of hurt will result in defiant behavior.  Or worse.  Children who are placed in the middle of their parents’ dispute can sometimes turn that anger and defiance inward, which may cause them to think or act in self-destructive ways.
While in the midst of a crumbing relationship, it is easy for even the most loving, caring parent to be temporarily blinded by fear and anger.  Arguing in front of the children, talking bad about the other parent in their presence, sharing inappropriate information about parental problems or a divorce case, forcing children to choose between parents, demonstrating violence – these are all things that can occur during a difficult divorce or separation.  But you, as a parent, must understand that this type of behavior can have long-term negative consequences for the children.  In fact, it can cause irreparable damage and change the course of their lives.  So, what can you do to prevent that from happening?
HOW TO KEEP CHILDREN SAFE AND SECURE
As difficult as it might be during this time of extreme stress, it is up to you to constantly remind yourself that you are the adult – you are the parent – and it is your responsibility to protect the best interests of your child.  Obviously, pretending that nothing is wrong is not the answer.  That would be dishonest and not-at-all helpful.  Your child knows that something is wrong.  Most experts will tell you that the best approach is to talk to the child in a reassuring and age-appropriate way.  The key is to let the child know:  “This is not your fault.  We are your parents and, even though we are having some grown-up problems right now, we both love you and we will always be there to take care of you.”  This is a message that every child needs to hear.  It provides a sense of protection and stability that will help the child to get through this difficult experience.
But what do you do if the other parent is incapable of protecting the child and keeping him or her out of the middle of the dispute?  Answer:  Then you be the adult.  Studies show that as long as there is one stable, responsible parent who is protecting the needs of the child, then that child will likely turn out fine.  You can be that parent.  It is difficult, I know, but somebody has to take on that role – so it might as well be you.
HELP IS OUT THERE
For a parent going through a difficult divorce, separation, or custody case, please be assured that there are places you can turn for assistance and support.  Therapeutic counseling, for you and/or the children, is often extremely helpful.  For a parent facing an acrimonious split, it can feel like you are the only person in the world who has ever experienced such a thing.  But a good therapist has helped hundreds or thousands of families with similar problems, and he or she has developed a broad range of solutions that can help you, too.  Your church or synagogue can be an enormous source of support.  And there are many divorce support groups out there with people who are going through the same thing that you are now.  Through these groups, you can receive not only ideas and support, but you may also develop lasting friendships.  If your child is having problems, it might be helpful to notify the school and let them know that the family is going through a separation or divorce.  An understanding teacher or administrator can be very supportive, and many schools have psychologists who can counsel the child at no cost to you.
HOW TO AVOID FUTURE PROBLEMS
I am a big believer in counseling during – and after – a divorce.  I often recommend “Post-Divorce Counseling” for my clients.  Co-parenting after a divorce can be a new and sometimes challenging experience.  There will be times when your child is spending extended periods of time with the other parent and, while you were able to be there to supervise when you were living together, you will now be unable to intervene or even know what is happening in the other parent’s home.  This can cause the fear and stress level to intensify, which can lead to anger and miscommunication.  The best remedy, in my opinion, is “Post-Divorce Counseling.”  This is where the parents meet with a counselor on a regular basis – maybe every 6 months or every year – to discuss issues regarding the children, and to make sure that the parents are “on the same page.”  I have found that this type of counseling can help parents feel confident that they are being heard and that the children’s needs are being addressed.  It also helps the parents avoid future disputes — an all-to-common problem that often results in more trips to the courthouse, which can be time-consuming, expensive, stressful, and destructive.   
MAKE SURE YOUR CHILDREN WILL BE OK
So, there is a reason to be optimistic.  Being the child of divorced parents is no longer a stigma.  Today, it is the norm.  If you will just make the effort to assure your children that they are loved, and that their parents will be always be there for them (even if the parents are no longer living together), then it is likely that the children will grow up healthy, happy, and well-adjusted.  If you are able to co-parent, or at least keep the children out of the middle of any disputes, then their future looks bright, indeed.

Gary J. Frank is an Arizona attorney and former Judge Pro Tem with over thirty years of experience in dealing with custody and parenting issues in Family Court.  If you are in need of a consultation regarding divorce, child custody, or any other area of Family Law, please do not hesitate to contact us by telephone (602-383-3610) or by email through our website.  We look forward to hearing from you. 

* From the book “The Simple Faith of Mr. Rogers” by Amy Hollingsworth