Spousal Maintenance Statutes: What’s New for Divorcing Couples?
Spousal Maintenance: What’s New for Divorcing Couples in AZ?
If you’re getting divorced in Arizona, it’s important to know that spousal maintenance rules have been updated recently to reflect real-life needs better than ever before. Gone are the days of endless support payments—instead, courts are leaning toward temporary help aimed at getting both spouses on their feet after ending their relationship. Find out what’s new and how these changes could play out for you.
What Has Changed in Arizona’s Spousal Maintenance Laws?
In 2022, Arizona’s legislature gave the spousal maintenance statute a makeover, leading to the Supreme Court rolling out fresh guidelines in 2023. The bottom line is that spousal maintenance is now more short-term, a shift from indefinite support to a more goal-oriented approach.
How Does This Affect You?
If you’re going through a divorce in Arizona, these updates mean that spousal maintenance isn’t a lifelong safety net. Instead, it’s a bridge to help you out until you become self-sufficient. The court will consider factors like the length of your marriage, your age, employment history, and earning potential to determine the amount and duration of support.
For instance, if you’ve been married for 15 years and spent most of that time managing the home and raising kids, a judge might have previously ordered long-term or indefinite maintenance. The old emphasis was on ensuring the stay-at-home or lower-earning parent maintained a similar standard of living post-divorce.
With the updated guidelines, Arizona now focuses on temporary maintenance to give the supported spouse the resources and time to become financially independent. This shift reflects a more modern approach, encouraging career-building or education rather than relying on spousal support to make ends meet in the long term.
When Can Alimony Be Modified or Terminated Early?
Arizona courts have the authority to adjust or end spousal maintenance if there’s a “substantial and continuing change” in circumstances. This means if something major and ongoing happens, the court can revisit and modify the original alimony order.
Examples of when modifications might apply include:
- Significant increase or decrease in income
- Moving in with a new love interest
- Onset of a serious illness
- Other changes in the financial needs of either spouse
How to Request a Modification
To modify or terminate spousal maintenance, you’ll need to file a petition with the court and demonstrate that a substantial, ongoing change has occurred. Because proving these changes can be complex, consulting an experienced family law attorney is a smart move. An attorney can help you gather and present the necessary information to support your request.
Why Choose the Law Office of Hector A. Montoya, P.L.L.C.?
If you’re facing divorce and have questions about spousal maintenance, don’t go it alone. Hector A. Montoya’s law office has served Tucson and Pima County for over 30 years. Our legal expertise combined with a background in business and finance equips us to handle high-asset divorces and complex financial matters with confidence. Request a free consultation at our office in Tucson, AZ, where we’ll help you understand your spousal support options.