Question 1

What is alimony?

Accepted Answer

In Arizona, what is commonly called "alimony" is referred to in the statutes as "spousal maintenance" — the sources provided do not define the term "alimony" itself, but they do describe maintenance. In a proceeding for dissolution of marriage or legal separation, the court may grant a maintenance order for either spouse if it finds that the spouse seeking maintenance meets certain criteria, such as lacking sufficient property to provide for that spouse's reasonable needs, lacking adequate earning ability to be self-sufficient, being the parent of a child whose age or condition means the parent should not be required to seek employment outside the home, having made significant contributions to the other spouse's education or career, or having had a marriage of long duration combined with an age that may preclude adequate employment .

The Arizona Supreme Court establishes guidelines for determining and awarding spousal maintenance, and the court may award maintenance only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient . The guidelines are based on thirteen factors considered together, including the standard of living during the marriage, the duration of the marriage, and the spouses' comparative financial resources and earning abilities . A maintenance order must be made without regard to marital misconduct .

Unless otherwise agreed in writing or provided in the decree, the obligation to pay future maintenance terminates on the death of either party or the remarriage of the party receiving maintenance . Maintenance provisions may generally be modified or terminated only on a showing of changed circumstances that are substantial and continuing, although the parties may agree that maintenance terms will not be modified .

For advice about how these rules apply to a specific situation, the user should consult a licensed Arizona attorney.

Question 2

How long does a divorce take in Arizona?

Accepted Answer

At minimum about sixty days after your spouse is served: the court cannot hold a trial or hearing on a dissolution petition until sixty days after the date of service or acceptance of process.

Question 3

What is the difference between legal separation and divorce in Arizona?

Accepted Answer

A decree of legal separation does not end the marriage — the parties remain husband and wife — while a decree of dissolution (divorce) terminates the marriage.

Question 4

Is Arizona a community property state?

Accepted Answer

Yes — Arizona is a community property state.

Question 5

Can child support payments be modified?

Accepted Answer

Yes — any child support order may be modified or terminated on a showing of a changed circumstance that is substantial and continuing, except as to amounts that already accrued as arrearages before the date of notice of the motion or order to show cause.