Arizona statues provide four factors for Arizona courts to consider when deciding whether to order spousal maintenance. Courts may order spousal maintenance in a Mesa AZ divorce for either spouse if he or she:
- Does not have enough property to meet his or her needs.
- Lacks self-sufficiency, earning capacity, or must remain at home to care for a child.
- Contributed to the educational opportunities of the other spouse.
- Has had a long marriage, and is of an age that may preclude him or her from gaining meaningful employment.
The courts also consider a variety of other factors when determining the amount and the period of time for which to order spousal maintenance. Because Arizona is a “no-fault divorce” state, the courts do not consider any acts of marital misconduct when determining whether to award spousal maintenance. Even if there was considerable fault leading to the destruction of the marriage, those acts are not factored into an award of spousal support. However, if one spouse seriously wasted, or misused assets, this can be considered.
For more information about the divorce process in Arizona, or to schedule a free divorce consultation with myself, Mesa AZ divorce attorney Tim Durkin over the phone, call (480) 779-7972.