Divorce & Annulment

questions & answers

Question: How is spousal support determined? Is there a formula used by the court to determine how much should be awarded?

Answer: Arizona Revised Statute, Section 25-319 sets forth the factors that are used to determine spousal maintenance.  The Court considers whether the spouse seeking support:  (1) lacks sufficient property to provide for his or her needs; (2) is unable to be self-sufficient through employment or is the caretaker of a child whose age or condition make employment difficult; (3) contributed to the education of the other spouse; (4) had a marriage of long duration or is at an age where finding employment is difficult.  The factors the Court uses to determine the amount of support the requesting spouse will receive:  (1) standard of living during the marriage; (2) duration of the marriage; (3) age and employment history of the spouse requesting support; (4) the ability of the other spouse to pay and still meet  his or her own needs; (5) comparative financial resources of both spouses; (6) the contribution of the requesting spouse to the earning capacity of the other; (7) how much the requesting spouse has reduced his or her own earning potential for the benefit of the other; (8) the ability of both parties to contribute to their children's education; (9) the financial resources and property of the requesting spouse; (10) how much time it will take the requesting spouse to gain the education needed to support self; (11) whether the other spouse wasted marital assets; (12) the cost of health insurance; (13) criminal conduct of either spouse.