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Spousal Maintenance

  • In an action for dissolution of marriage the court is authorized to order spousal support for either spouse. The parties may agree in writing as to maintenance and if the court does not find it to be unfair, it will become part of the decree. In absence of an agreement, the court has the authority to award maintenance. The court will consider the following factors:
    • Does the spouse lack sufficient property to provide for the other spouse's reasonable needs?
    • Is the spouse incapable of being self-sufficient through employment, or otherwise lacks the earning ability in the current labor market to be self-sufficient?
    • Is the spouse the custodian of a child whose age or condition is such that employment outside the home is impossible?
    • Has the spouse enjoyed a lengthy marriage, or of an age that may preclude the possibility of employment and self-sufficiency?
    • Has the spouse contributed to the educational opportunities of the other spouse? There may be other factors the court will consider when evaluating your opportunity for Arizona spousal maintenance, as each case varies.
     

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