Phoenix Spousal Maintenance Lawyers

Phoenix Area Top Rated Spousal Maintenance Attorneys

Spousal Maintenance or Alimony? These terms are synonymous. The term “alimony” is used in some states, while the term “spousal maintenance” is used in others. In Arizona we use the term spousal maintenance.

Spousal maintenance is an award entered pursuant to a court finding or the parties’ agreement in a divorce or legal separation proceeding which requires one spouse to pay the other spouse a monthly amount for a duration deemed necessary for the other spouse to obtain financial self-sufficiency.

The spousal maintenance statute and the application of the Arizona Spousal Maintenance Guidelines are very complicated, and the disputes regarding the various factors can significant. It is very important that you choose a reputable and experienced family law firm that specializes in spousal maintenance cases to handle your representation.

At Bishop, Del Vecchio & Beeks Law Office, P.C. our top rated attorneys will provide you with initial feedback regarding spousal maintenance (whether we believe that you are eligible and entitled to such award, or whether you may need to pay spousal maintenance) during your consultation. If you have any questions, or if you would like to inquire about our services pertaining to spousal maintenance, please call (602) 749-8500 to get in touch with one of our Phoenix spousal support attorneys or visit either of our two Valley locations in Phoenix and Tempe.

Summary of Content

What is Spousal Maintenance?

After a party files divorce proceedings,  the court may award spousal maintenance in an amount and for a duration necessary to assist the spouse to become financially “self-sufficient” based upon a number of statutory factors and the Arizona Spousal Maintenance Guidelines. Spousal maintenance is only awarded in divorce or legal separation cases. If parties were never married, you cannot get spousal maintenance in Arizona. Pursuant to Arizona law it is not supposed to matter whether you are male or female in determining whether a party is entitled to spousal maintenance or has to pay spousal maintenance.

The factors that a Court must consider in determining if a party is eligible for spousal maintenance, and the amount and duration, is governed by statute – i.e. Arizona Revised Statute Section 25-319, and the Arizona Spousal Maintenance Guidelines.  To view a copy of Arizona Revised Statute Section 25-319, click here. To view a copy of the Arizona Spousal Maintenance Guidelines, click here.  Our family law and spousal maintenance attorneys in Phoenix and Tempe are happy to assist you with all aspects of the spousal maintenance case whether you are requesting such an award or defending against the other party who is requesting such award.

Prior to 2022, there was no approved formula in Arizona to apply to spousal maintenance cases. As of September 24, 2022, the Arizona Legislature amended the spousal maintenance statute to include guidelines that  provide a presumed range for the amount of spousal maintenance awards and a presumed range for the duration of such awards if a party is found both eligible and entitled to such an award. The Arizona Spousal Maintenance Guidelines  include a calculator similar to the Child Support Guidelines, which is used to determine the amount range of a potential spousal maintenance awards based primarily upon the parties’ incomes,  family size, standardized expenses and related factors, and the duration range which is a component of how long the parties were married. The Arizona Spousal Maintenance Calculator can be accessed here.  The Arizona Spousal Maintenance Guidelines apply to all new divorce cases filed after September 24, 2022. (Note: The new guidelines can only apply to cases filed prior to 9/24/2022 if both parties agree; otherwise, such older cases are governed by  the prior version of A.R.S. Section 25-319 before the adoption of the guidelines).

Our Phoenix and Tempe spousal maintenance lawyers are well versed in making claims for spousal maintenance and defending against claims for spousal maintenance. Leave your claims in the hands of our top rated highly experienced spousal maintenance lawyers.

Will I Have To Pay Spousal Maintenance?  Will I Receive Spousal Maintenance?

Whether a party is entitled to spousal maintenance and whether the other party will have to pay spousal maintenance are of course opposite sides of the same coin. Many parties to a divorce action end up settling such disputes without having to proceed to trial. As your divorce attorneys, we will take all reasonable measures to help you settle your spousal maintenance issues. In other cases, where such issues cannot be settled in a reasonable manner, the parties may end up going to trial, in which case the assigned judge makes the decision. The trial courts that preside over divorce cases in Arizona are the Superior Courts of Arizona in the county where the divorce action is filed. Our attorneys are very experienced in going to trial on your behalf and maximizing your possibility of success if trial is necessary.

The broad answer to the question of whether a party is entitled to receive spousal maintenance – and if so how much and how long – depends upon the circumstances and facts of your case. It depends in part upon the application of the Arizona Spousal Maintenance Guidelines, in part upon application of the spousal maintenance statute (Arizona Revised Statutes Section 25-319),  and by case law (i.e., published opinions rendered in specific cases by the Arizona Supreme Court and the Arizona Court of Appeals). More specifically, it depends upon how long you were married, how much income each of you makes, what your income potential may be if you are unemployed or underemployed, the extent of your assets / property interests, how large your family is, and various other factors described in more detail later.

Because of the recent Arizona Spousal Maintenance Guidelines, there is a more objective measure to determine the presumed amount of spousal maintenance awards, and the duration that a party may have to pay such amount. However, there are still a lot of variables to consider. This is where representation by a top family law firm comes in play.

The application of the Spousal Maintenance Guidelines is done by using the Arizona Spousal Maintenance Calculator.  The application of such calculator results in a presumed amount range and a presumed duration range. However, the trial court still  has a certain amount of discretion  regarding whether a party is entitled to spousal maintenance, how much will be ordered and how long such will be ordered.  The Arizona Spousal Maintenance Guidelines also allow for deviations from the guidelines to the extent that a presumed award pursuant to the guidelines may be “unjust”. It is possible that it is unjust for a party to have to pay spousal maintenance even if they earn more money than the other party, and even if application of the Spousal Maintenance Guidelines would result in the presumption of such award. Just because there is a presumed award, does not mean that the court will enter such an award in all cases.  Most notably, a court is not supposed to award spousal maintenance if the party requesting such award is self-sufficient financially in light of their income and overall wealth (property interests) they have access to.

In rendering our initial analysis regarding whether somebody may be entitled to spousal maintenance or whether somebody may have to pay spousal maintenance, some cases are more obvious than others. Some cases may fall more in a gray area, such as short marriages, where the spouse’s incomes or ability to earn are not materially different, and cases where the spouse requesting spousal maintenance has other resources to meet his or her reasonable needs.   Our attorneys are very experienced in these types of cases and can generally give you our very honest and objective opinion regarding what to expect based upon the facts in your case.

Eligibility Versus Entitlement to Spousal Maintenance

In the sections below, we will take a deeper dive into the factors that apply when determining whether a party is “eligible” for an award of spousal maintenance, and whether such a party is “entitled” to such an award. Just because a party is eligible for an award does not mean that they are entitled to an award if they are otherwise self sufficient financially. As can be seen below, the standard for “eligibility” is very broad. In fact, in many cases, both parties could technically be eligible for an award. To award both parties spousal maintenance would of course be absurd. Thus, even if a party is eligible for spousal maintenance, the question of whether such party is “entitled” to an award, and the amount and duration of such an award, is often disputed by the parties in divorce cases.

Eligibility Requirements

Whether a party meets the initial eligibility requirement is determined by the court (or parties if they agree) by applying the relevant statute, A.R.S. Section 25-319(A). You can see the full text of A.R.S. Section 25-319 by clicking here.

In short, according to A.R.S. §25-319(A), the party seeking support must meet one or more of the following criteria to be eligible to receive spousal support following a divorce:

  1. Whether a party is or can be self sufficient as a result of employment income and income from other sources (such as returns on investments).
  2. Whether a party has property interests that are sufficient to meet their reasonable needs.
  3. Whether a party is disabled and unable to work.
  4. Whether a party has young children and should be allowed to stay home or work part-time.
  5. Whether one of the parties made significant contributions to the educational, career opportunities or earning ability of the other spouse, or significantly reduced his or her own income or career opportunities for the benefit of the other spouse.
  6. Whether the parties had a long marriage and a party seeking support is of an age that may preclude employment that is adequate for such party to be self-sufficient.
  7. Whether a party significantly reduced their income or career opportunities for the benefit of the other spouse.

(The above factors have been abbreviated and condensed for clarity. See the full statute A.R.S. Section 25-319 for the actual statutory language).

As noted above, just because a party meets one of the eligibility requirements does not automatically mean that the Court will enter a spousal maintenance award. Rather, such means that such person passed the first hurdle. Once a party passes the eligibility hurdle, the Court then will apply the Arizona Spousal Maintenance Guidelines and to a certain extent its own discretion in determining whether to award a party spousal maintenance, and if it does, the amount and duration of such an award.

In analyzing the factors regarding the amount and duration of the award, we will take a closer look at the Arizona Spousal Maintenance Guidelines and the scope of discretion that the court has regarding one’s entitlement to spousal maintenance, and the presumed amount and duration range of such awards.

Effect of Premarital or Post-Marital Agreements on Spousal Maintenance.

Premarital Agreements that preclude or limit a spousal maintenance award are generally enforceable so long as the statutory requirements are satisfied. You can read more about Premarital Agreements in another section of our website here. 

Post-Marital Agreements are subject to a different analysis than Premarital Agreements. Whether such an agreement is enforceable depends upon a number of factors, including whether such agreement was fair when it was entered into, whether both parties understood their legal rights when the agreement was entered into, and various other factors. You can read more about Post-Marital Agreements in another section of our website here.

If either of these types of agreements are deemed enforceable, than such agreement will control whether a party is entitled to spousal maintenance, and the amount and duration if provided in the agreement. Thus, the Arizona Spousal Maintenance Guidelines do not apply if such agreement is found by the Court as enforceable. In such case, a party would not be “eligible”, or would only have a specific entitlement as a result of the premarital or post-marital agreement.

Arizona Spousal Maintenance Guidelines – Determining amount of monthly award and duration / how long spousal maintenance payments will last

If the Court finds a spouse is eligible for a spousal maintenance award (as discussed above), the Court next has to determine whether a party is entitled to an award, and if so, how much the monthly amount of spousal maintenance will be and how long it will last. The next step is for the Court to then apply the Arizona Spousal Maintenance Guidelines (if the case is filed after 9/24/2022), and to use the Spousal Maintenance Guidelines Calculator. Such application will result in a “presumed” range for the amount of spousal maintenance, and a presumed range for the overall duration of such award. The Court then has the discretion to choose the amount of the spousal maintenance award and how long such award will last inside of these ranges (subject only to certain exceptions described later in this article). Keep in mind (as we discuss later) that the Court may deviate and award more or less than the presumed amount, and if the Court finds that the spouse requesting the award is already self-sufficient financially, may award zero spousal maintenance.

We have outlined the Spousal Maintenance Guidelines below in a more readable and user friendly format. Because the Spousal Maintenance Guidelines are relatively new, they are not perfect, and some analysis and assumptions are necessary, and a certain amount of criticism regarding the Guidelines may be warranted.  Not all of the kinks have been worked out in the Guidelines, and we are certain to see some revisions over the next few years.

We recommend that all parties to a divorce or legal separation action that may be obligated to pay spousal maintenance or may be entitled to spousal maintenance read the Arizona Spousal Maintenance Guidelines. If you have an attorney, reading the Guidelines yourself will help you better understand why the attorney is asking specific questions, why he/she is requesting specific documents and information, and will better help you understand the major factors that go into a spousal maintenance analysis. For those that want to make an even deeper dive into the reasons for the Arizona Spousal Maintenance Guidelines, and why certain data is entered into the Arizona Spousal Maintenance Calculator, they can refer to the Final Report to the Arizona Judicial Counsel, which was authored by the Family Court Improvement Committee and Spousal Maintenance Guidelines Subcommittee – June 2023. This can be accessed here.

Arizona Spousal Maintenance Guidelines – Overview

SECTION I. GENERAL INFORMATION

A. Executive Summary: This section provides a history of the Spousal Maintenance Guidelines, the effective date as discussed above, a summary of how to apply the guidelines and other general information. The Arizona Revised Statute (A.R.S.) Section 25-319 sets forth the legislative requirements and factors for the Courts to apply in awarding spousal maintenance. The Spousal Maintenance Guidelines were adopted to provide more objective measurements and parameters for such awards, including a computer based calculator to help determine such awards within the overall structure of the statute. The Spousal Maintenance Calculator uses data from various national sources and published statistics to calculate average consumer expenses based upon combined incomes ranges, family sizes and other factors to provide more uniform and objective spousal maintenance awards, as opposed to the prior statutory language that did not provide for such guidelines, and led to more subjective analysis by the courts. For the most part, the Guidelines utilize the Bureau of Labor Statistics Consumer Expenditure Survey dataset, as well as data and analysis provided by vocational economists.

The amended version of A.R.S. Section 25-319 is arguably more restrictive than the prior version that was in place prior to 9/24/22. The revised version of the statute restricts spousal maintenance awards “only for a period of time and in an amount necessary to enable the receiving spouse to become self sufficient.” This is arguably different than the prior version of the statute which was based upon a spouse’s “reasonable needs”, and left more to the Court’s discretion.

In summary, if the Court finds that a spouse is “eligible” for a spousal maintenance award, the Court then must apply the Arizona Spousal Maintenance Guidelines and go through the process of determining a “presumed” award and duration range by inputting the appropriate data (incomes, family size, etc.) into the Spousal Maintenance Calculator.

As explained earlier, the Court could determine that even though a spouse meets the “eligibility” requirement, they may not be entitled to an award if they are already self-sufficient. Such would require the Court to make a “deviation” from the presumed award as described in Section VI below. In providing for any deviation from the presumptive range and duration, the court would have to find that the application of the guidelines is “inappropriate or unjust”.  A deviation may be upward or downward depending upon the facts and circumstances. Aside from a deviation analysis, a fair reading of the Guidelines supports the conclusion that a spouse that is further away from self-sufficiency should receive an award that falls within the higher side of the range and duration, while a spouse that is closer to self-sufficiency should receive an award that falls on the lower side.

B. PURPOSES

The overall purposes of the Spousal Maintenance Guidelines are to ensure the requesting spouse becomes (or has the ability to become) “self-sufficient” financially. In addition, the Guidelines are designed to achieve consistency in awards for spouses in similar circumstances. Finally, it is the goal that the Guidelines will promote settlements in light of the presumed award calculations.

C. EFFECTIVE DATE

The effective dates are addressed in more detail above. In summary:

The Arizona Spousal Maintenance Guidelines apply to cases involving petitions for legal separation or divorce filed after 9/24/2022.

The Guidelines do not apply to such cases filed before such date unless the parties agree. In those cases, Parties must apply the prior version of the statute, A.R.S. Section 25-319.

The Guidelines do not apply to petitions filed for modification of spousal maintenance unless the original petition for dissolution was filed after 9/24/2022. We address requests to modify a prior spousal maintenance award later in this discussion.

D. APPLICATION

This section describes the application / use of the Spousal Maintenance Calculator in general terms. We will address each of these factors in more detail below. In short, these are the calculations that are input into the Spousal Maintenance Calculator. Such are designed to determine the reasonable expenditures of a parent in light of their incomes and family size.

  1. Determine Family Size
  2. Determine the parties’ combined Spousal Maintenance Income
  3. Determine the Family’s average monthly mortgage principal (if applicable)
  4. Determine range of expenditures (the calculator does this)
  5. Calculate the amount range for spousal maintenance (the calculator does this)
  6. Calculate the duration range, i.e. the range of how long the spousal maintenance should last (the calculator does this)
  7. Determine the spousal maintenance award (this can be done through settlement, or if no settlement, by the court). This includes the amount and the duration. This must fall within the presumed amount and duration ranges unless the parties agree to something different, or unless the court finds a basis for a deviation from the amount (i.e., only if the presumed amount is unjust).

Each of these steps is addressed in more detail below.

SECTION II. DETERMINING FAMILY SIZE

“Family Size” is included as one of the data entries in the Spousal Maintenance Calculator because Consumer Expenditure Survey data is based on the number of people in a household. The Guidelines  consider that not all families are comprised of just the children of the parents going through a divorce, but also children from prior relationships. The Guidelines also recognize that there is an economy of scale based upon a higher number of children. The family size for purposes of the Guidelines is capped at 5. Only people that the Parties have a legal obligation to support are included. The children at issue include the children of the parents going through the divorce, and children for which one of the parents has an additional legal support obligation (i.e., they are paying support or the child is living with them at least part time). This does not mean that the parent who ends up paying spousal maintenance is directly paying for the other parent’s children from a prior relationship. Rather, such is used to help determine pro-rata reasonable needs to help determine what assistance is needed to reach self-sufficiency.

SECTION III. DETERMINING SPOUSAL MAINTENANCE INCOME

A. DETERMINING THE SPOUSES’ ACTUAL INCOMES

Determining each parties’ income for spousal maintenance calculations may be easy in some cases where a party only receives W-2 income. Such issue can be much more complicated where a party receives self-employment income, bonuses, and other perks, or is able to write off certain expenditures that may be proper for tax purposes, but which are at least in part personal and are thus added back into that party’s income pursuant to a spousal maintenance analysis.

This section of the Spousal Maintenance Guidelines is lengthy and very descriptive. It is not our intention to go into as much detail, but to rather outline the main points to better understand the Spousal Maintenance Guidelines when you review them.

  1. What is included in “Actual Income”?

“Gross Income”, and “Adjusted Gross Income” for tax purposes do not have the same meaning as “Spousal Maintenance Income” or what is referenced in the Spousal Maintenance Guidelines as “Actual Income”. “Actual Income” for spousal maintenance purposes includes various adjustments as noted in Section III of the Spousal Maintenance Guidelines. Spousal Maintenance Income may also be somewhat different than “Child Support Income” which is explained in the separate Arizona Child Support Guidelines.

“Actual Income” for spousal maintenance purposes includes income from any source before deductions and withholdings for taxes (i.e., gross income). This includes investment gains, dividends, rent, and other sources of income.  This also includes benefits or funds received that are not taxable to a person such as social security, trust funds, worker’s compensation benefits, unemployment, insurance benefits, military benefits, interest, recurring gifts from others (such as family), etc. This may include the reversal of certain tax write-offs that do not constitute actual expenses such as depreciation on rental homes, etc. This may also include what a person can receive from retirement assets or benefits if they reach full retirement age even if they are holding off taking such benefits. Your full retirement age is based upon what the Social Security Act provides when you can receive full social security benefits.

The Guidelines explain that if you have fluctuating income, the Courts will generally provide an average. If there are large fluctuations between years, the Court may include more than one year at its discretion to provide a reasonable average. However, if income is non-recurring (such as a one time signing bonus), the Court has the discretion to exclude such income.

Regarding business owners, Actual Income includes total income received prior to deductions or tax withholdings minus ordinary and necessary expenses required to produce the Actual Income. Thus, “side” expenses that are not required to produce income are usually not offset even though such are allowed expenses for tax purposes.

Certain employment benefits or reimbursements may also count as income if such would reduce the employee’s personal expenses. Although there is no language in the Guidelines regarding what benefits are included, such may potentially include health insurance and other benefits that one would generally have to pay for out of pocket if not employed. The Court appears to have broad discretion in determining what employment benefits to add to its income analysis.

Finally, military benefits such as Basic Allowance Housing and Basic Allowance Subsistence may be included as Actual Income. There are certain benefits, however, such as military disability payments that may be statutorily precluding from counting as Actual Income for spousal Maintenance purposes.

Finally, the Spousal Maintenance Guidelines provide that child support received by a party for a child not common to the parties may be included as Spousal Maintenance Income.

2. What is not included in Actual Income?

Child support received for a common child under a Court order is not included as Actual Income for spousal maintenance purposes. Nor is such treated as a deduction for the payor spouse from his / her Actual Income.

Federal disability benefits received by the payor spouse is not included in his/her Actual Income.

The Spousal Maintenance Guidelines also provide that reasonable spousal maintenance the payor spouse pays in another case (i.e. to a former spouse) is not included in the Actual Income determination. This provision is somewhat confusing and seems to suggest that spousal maintenance payments made to another spouse should be deducted from the paying spouse’s Actual Income. We will update this discussion once the Court provide more guidance.

The courts are also not to include marital property distributed between spouses – except to the extent that such property generates income for a spouse. This is addressed more specifically in Section C below.

Although not addressed specifically in the Spousal Maintenance Guidelines, employer and employee required contributions to 401K accounts or other qualified retirement accounts have not historically been added back to income.

3. When is Overtime included in Actual Income?

Actual Income for spousal maintenance purposes is treated somewhat different than child support. Pursuant to the Spousal Maintenance Guidelines, a court should include overtime if such was “regularly earned by the marital community”.

The language of the Guidelines implies that overtime worked after a divorce is filed is treated different than regular overtime which took place during the marriage. Sometimes spouses have to work harder during a divorce proceeding to pay their attorneys fees, spousal maintenance etc. The language to focus on is “regularly earned” during the marriage. Thus, a few occasions of overtime required by an employer that are not “regular” should arguably not be included.

B. Determining the Spouse’s “Attributed Income”

Sometimes a spouse is voluntarily unemployed or underemployed (i.e., working below their capacity or less than full time). In such instance, the Court has the discretion to attribute a reasonable income amount to such spouse based upon their employment history, education and other relevant facts.

Some of the factors that the Court is to consider include:

Sometimes people think that they will get a better spousal maintenance award if they stay unemployed during the divorce proceedings. This is generally a mistake. Published court cases through the years have made it clear that a person has the obligation to make reasonable attempts to obtain reasonable employment. So if a court finds that a person intentionally avoided such obligation during divorce or legal separation proceedings, it would be within the Court’s discretion to minimize spousal maintenance based upon what the Court finds that the person could be earning.

C. PROPERTY TO INCLUDE WHEN DETERMINING A SPOUSE’S ACTUAL INCOME AND FINANCIAL RESOURCES.

In short, the Court is supposed to include income from income producing property interests when determining a party’s Actual Income for spousal maintenance purposes. This also applies to property that has income producing potential, i.e., that can be converted to income producing property. The determination of the income from some assets is easier than others. Some assets are held for long periods and may experience an increase in value but not distributed income (such as stocks). Some assets may show a combination of increased value and income (such as rental properties).

The Arizona Spousal Maintenance Guidelines simplifies the analysis by attributing 4% per year to applicable property interests outside of the exempt amount, which is $100,000. This arguably does not preclude a party from proving that the other spouse receives more or less than 4% from income producing properties, but does set a pre-determined rate of return on assets that have not yet been converted to income producing properties, or to which it is difficult to determine an actual rate of return or income generated.

The $100,000 exemption amount set forth in the Spousal Maintenance Guidelines is ambiguous at this point in time. The language suggests that the exemption applies to each and every item of property, which would lead to an absurd result as a party could merely adjust their property holdings to maximize such exemptions. A more conservative and logical interpretation is that the first $100,000 of the total property holdings is exempt. However, until the higher courts provide more direction, or the language of Spousal Maintenance Guidelines is revised, this is an issue that will likely lead to many future disputes.

For purposes of determining one’s Actual Income, the term property (or asset) is broad under the Spousal Maintenance Guidelines and includes “all assets capable of generating income or reducing living expenses in their current or converted form.” An example of an asset that could reduce living expenses is arguably the home where a party resides if the mortgage is paid off or there is very minimal payments left.  It would follow that a party’s living expenses are reduced when they live in a home with no mortgage.

The Spousal Maintenance Guidelines also includes as “Actual Income” various employment benefits, including vested and partially vested stock options and restricted stock units, deferred compensation and similar employment benefits.

The Spousal Maintenance Guidelines specify that a court should not double count property in determining income. This is a “no-brainer”, however, the example provided in the Spousal Maintenance Guidelines is confusing and up for debate. The  example is given of a business in which the valuation method includes income in the valuation. This is subject to dispute on whether a businesses’ value includes the business owner’s income, a portion of such income (i.e., the excess income over and above reasonable / normalized compensation), or whether the income calculation is merely used as a measure of value. Although the Guidelines direct the Court not to double count property when assessing income, the Guidelines provide very little explanation.  Many attorneys expect that this business valuation example provided in the Guidelines to lead to many legal disputes between spouses in the future as experts are very much divided on what constitutes a “double dip”.

An alternate assessment is that where a business valuation is conducted, the ongoing Actual Income received by the owner from the business should still be included, whereas the buy-out amount received by the other spouse should receive a rate of return (actual or the presumed 4%). Such analysis would arguably avoid any “double dip”.

The Guidelines does provide an additional example that future retirement benefits would not be included if the other spouse received a buy-out of their share of such future benefits (i.e., such as a pension plan, annuity or other defined benefit plan). This makes sense as it would be unfair to include one party’s share and not the other.

This section will be updated as courts provide more detail on how they address this portion of the Guidelines.

How does excessive abnormal expenditures or dissipation of property affect what is included as        property? This is often referred to as “marital waste”.

This question set forth by the Spousal Maintenance Guidelines can be addressed in various ways. Such expenditures can give rise to a reimbursement claim, for additional spousal maintenance to make up for such waste through a deviation, or an unequal division of community property to offset such waste.

SECTION IV. DETERMINING THE FAMILY’S AVERAGE MONTHLY MORTGAGE PRINCIPAL

In determining a party’s average expenditures for spousal maintenance purposes, the Spousal Maintenance Calculator adopts national and geographical averages of household expenses based upon income levels. However, the Spousal Maintenance Guidelines treat mortgage payments somewhat differently by included principal mortgage payments for all homes that the family uses as a separate line item. If the parties own more than one property that they live in, and if they have second mortgages on such properties, all principal payments apply. Mortgages for rental properties are not included as such are for investment purposes. The Guidelines are not clear if a home is rented part time and occupied by the parties part time. A good argument can be made that hybrid situations (part time residence and part time investment property) should not be included as such is still an investment property.

The Spousal Maintenance Guidelines do not provide very explicit reasons that the mortgage principal paid on residences that the parties use (as opposed to rental or investment properties) is included as a line item in the calculations. The principal portion of the mortgage is the sum paid that reduces the amount owed, as opposed to interest, insurance, taxes that are included in the overall mortgage payment. From a limited perspective it makes sense that the mortgage paydown amount (the principal) is not looked at as an expense since such payments reduce the mortgage balance and thus increase the equity in the property. However, it is confusing why principal payments are included in the first place as it is arguably a voluntary expense, i.e., some party’s choose to have more expensive homes than others. Regardless, this is how the Spousal Maintenance Guidelines currently are drafted, so it is a reality that we must adapt to in the meantime.

Does a Party’s Other Expenses Factor in the Spousal Maintenance Analysis?

Prior to the adoption of the Spousal Maintenance Guidelines, a Party’s “actual” expenses was a more important factor to be assessed by the Court in awarding spousal maintenance.  Parties are required to summarize their expenses in Arizona on a form called an Affidavit of Financial Information (“AFI”) However, since the Spousal Maintenance Guidelines adopt standardized expenses depending upon the Parties’ incomes and family size, only the principal portion of the mortgage payment is included in the standard application of the Guidelines. If a portion of a Party’s expenses are considered “extraordinary expenses”, such may provide a basis for a deviation to the amount or an alternative duration of the spousal maintenance award as addressed later in this article. However, for the vast majority of people, the Court will adopt the Spousal Maintenance Guidelines, which means that the parties’ actual expenses will have less direct relevance other than the possibility that the Court may award a smaller amount or greater amount within the applicable amount range. Such standardization of expenses based upon incomes and family size does achieve the goal of decreasing the amount of litigation that the Courts previously faced pursuant to numerous allegations that the other spouse’s listed expenses were unreasonable.

For those new to the Spousal Maintenance Guidelines, it is noteworthy that the Spousal Maintenance Calculator includes a wide variety of assumed expenses (adjusted for incomes and family size). Such includes mortgage payments (minus principal) where applicable, rent where applicable, property taxes, maintenance, repairs, insurance, utilities, household supplies, food, and other reasonable standard expenses. As noted earlier, these standardized expenses are adjusted based upon the parties’ incomes and family size.

That being said, a Party’s actual expenses as set forth on their Affidavit of Financial Information may still be important regarding where the Court determines the amount and duration within the range provided by the Spousal Maintenance Calculator.

SECTION V. DETERMINING THE DURATION OF THE AWARD

Now that we have addressed the factors involved in determining the “amount” of spousal maintenance, we must now address the duration of a spousal maintenance award.

As noted above, the duration of the award is the time period that the spousal maintenance may be awarded. In most cases, a payor would make monthly payments over the duration of the award. An example spousal maintenance award may be: “Petitioner shall pay Respondent spousal maintenance in the amount of $2,000 per month for a period of 36 months commencing October 1, 2024”.

A. What is Arizona’s policy regarding spousal maintenance duration.

Arizona’s statutory policy regarding the duration of spousal maintenance is that it should only be awarded for a time period necessary to enable the receiving spouse to become self-sufficient.

That being said, parties risk the Court being overly dependent upon applying the amount and duration provided by the Spousal Maintenance Calculator without providing an in depth assessment of whether such award achieves such purpose.

B. How is the duration of a spousal maintenance award determined? 

There are three types of duration ranges pursuant to the Arizona Spousal Maintenance Guidelines. First, there is the “Standard Duration Ranges”, which apply to most cases. There are separation duration ranges for: (1) a receiving party that meets the “Rule of 65” requirements; (2) for cases where the receiving party can establish that he or she is disabled, and (3) for cases that the receiving party can show “Extraordinary Circumstances” by clear and convincing evidence, and that such circumstances lead to the conclusion that the standard duration will not suffice for the party to attain self-sufficiency.

  1. Marriage length

For purposes of using the Spousal Maintenance Calculator, the length of the marriage is calculated as the number of months between the date of marriage and the date of service of process of the petition for dissolution or legal separation. Periods of physical separation before service of the proceedings is still included in the duration of the marriage as such is not a “legal separation”.

2. Duration Ranges

a. Standard Duration Ranges

After applying the data to the Spousal Maintenance Calculator (i.e., the parties’ incomes, months of marriage, family size, etc.), the Spousal Maintenance Calculator not only provides the presumed range for the amount of spousal maintenance, but also the presumed duration range for the award (how many months the paying spouse is required to pay). For example, the Spousal Maintenance Calculator may provide an amount range of $1,500 to $3,000 per month, for a range of 24 months to 48 months. This provides a range that the parties will generally negotiate within, as well as the presumed range for the Court to choose from in its discretion after applying the applicable statutory factors set forth by A.R.S. Section 25-319(B).

Regarding whether the Court may deviate from the presumed award set forth by the Spousal Maintenance Calculator, the Spousal Maintenance Guidelines treat the presumed amount different than the presumed duration. The statue (A.R.S. Section 25-319) and Spousal Maintenance Guidelines provide that the Court can deviate regarding the amount of spousal maintenance if the presumed amount is inappropriate or unjust, but that the Court cannot deviate outside the presumed duration range – unless the Court finds that the amount to be awarded is zero, or unless the Court is able to apply an alternate range for one of the very specific exceptions addressed in the next portions of this article.

There is arguably a gap between the language of the statute and the Spousal Maintenance Guidelines to the extent that a Court can deviate the amount to meet the statutory mandate of self-sufficiency, but not the duration. However, unless and until the legislature amends the statute, this is the reality that attorneys and parties must deal with. The saving grace is that the parties may stipulate to whatever they mutually agree is fair.

The standard duration ranges are directly tied to the marriage length. The Spousal Maintenance Guidelines provide the standard ranges associated with the months of marriage as follows:

Marriage length / Range of Spousal Maintenance:

Less than 24 months / 3 – 12 months.

24-60 months / 6 – 36 months.

60-120 months / 6 – 48 months

120-192 months / 12 – 60 months

192 plus months / 12 months to 96 months (subject to the “Rule of 65” addressed below).

Again, what the Court determines as  the actual duration within such ranges depends upon how long the Court determines that it will take receiving party to attain self-sufficiency. Most people are able to compromise upon the duration of the award without having to go to trial within the duration range depending upon the circumstances.

b. The Rule of 65

The Spousal Maintenance Guidelines carve out an exception to the standard duration range if a party requesting spousal maintenance qualifies under the “Rule of 65”. This means (1) that the parties age combined with marriage length exceeds the number 65; (2) that the party seeking the award is at least 42 years old; and (3) the marriage length is at least 16 years (192 months or more).

If a Party meets the requirements of the Rule of 65, he or she may fall more directly within the sphere of whether he or she can ever be self-sufficient. As such, the duration of the award is within the discretion of the Court.

Just because a party meets the Rule of 65 requirement of course does not mean that they need spousal maintenance to be self sufficient. Rather, it means that the Court has more discretion to extend the duration if they are not self-sufficient and unlikely to ever be so.

c. Disability of Receiving Spouse.

The disability of a spouse requesting spousal maintenance is another exception to the standard duration application. In such event, the Court has discretion regarding the duration of the spousal maintenance award depending upon the type and severity of the disability. Such depends upon whether the requesting spouse’s disability in “indefinite” or “permanent”.  The duration of the award also depends upon the severity of the disability and how it affects one’s ability to be fully employed. Whether a spouse’s disability is indefinite or permanent defines which party has the burden of proof if a modification proceeding is filed in the future to change the amount or duration of the spousal maintenance award. If the disability is “indefinite”, the spouse seeking to extend the award beyond the duration ordered by the Court would have the burden of proof to establish a basis for such modification. If the disability is permanent, the paying spouse would have the burden of proof to establish a basis for the modification or termination of the award. See Section VIII later in this discussion for more information regarding the requirements to modify a spousal maintenance award.

i. Indefinite Disability

An “indefinite disability” is one that impacts a spouse’s ability to be self-sufficient, but there is not adequate information regarding the length of time such disability may continue to impede one’s ability to obtain satisfactory employment etc. to reach self-sufficiency. In such case, and assuming the Rule of 65 does not apply, the Court must still stay within the presumed duration range of the Spousal Maintenance Guidelines. If the receiving spouse still has such barriers caused by the disability before the award expires, he or she has the burden to show that such disability is still present and still impedes his or her ability to be self-sufficient in order to extend the duration of the spousal maintenance award on such basis.

ii. Permanent Disability

If a party has a “permanent disability” that prevents a party from ever achieving self-sufficiency, the Court has much more discretion regarding the duration of the award. Regarding any disability case, the Court must of course still assess income and rate of return presumptions from the assets available to a party. The Spousal Maintenance Guidelines do not specify a limit to the duration when a party has a permanent disability as such, however, based upon published case opinions, it is possible that a spousal maintenance award may be “indefinite”, meaning there is no end date. Because there is no end date does not mean the paying party has to pay the rest of their life. Rather, if an indefinite award is given, the paying party would have the burden of proof in future modification proceedings to show that spousal maintenance is no longer needed for the receiving party to be self sufficient, or other substantial and continuing change of circumstances as described more specifically in Section VIII of this article.

d. Extraordinary Circumstances

Another potential exception to the standard duration range is if a spouse can show by “clear and convincing evidence” that he or she faces extraordinary circumstances that are a barrier to achieving self-sufficiency. This may include a parent of a very young child where the presumed duration is to short. The Guidelines also list a “catastrophic event or illness” although such circumstances also may constitute  an indefinite or permanent disability. Such may include extraordinary expenses that will continue indefinitely such as ongoing medical expenses that are substantially higher than an average person may incur.

A good example of extraordinary circumstances is described in the Final Report to the Judicial Council. The report provides the example where parties have four young children but were only married for 48 months. The standard duration range would be no more than 36 months, however, child care costs could preclude a stay at home parent from reentering the workforce. Such may give rise to a Court providing for a longer fixed term award pursuant to a an “extraordinary circumstances” analysis.

C. How is the award’s specific duration determined once the court decides which duration range      applies?

In order to determine where the Court falls within the standard duration range (for example between 6 to 48 months for a 60-120 month marriage), the Court must consider the statutory factors set forth under the statute A.R.S. Section 25-319(B). These factors are summarized as follows:

  1. The standard of living during the marriage (a higher standard of living may convince the court to award a longer range).
  2. How long the parties were married (generally, the longer the marriage the longer the spousal maintenance award).
  3. The age, employment history, earning ability, physical and emotional condition of the parties (this of course goes to how long a particular spouse will take to obtain adequate employment to meet his or her own reasonable financial needs).
  4. Whether the other party can pay spousal maintenance and still meet his or her own reasonable needs. (For example a wealthy payor may be ordered to pay longer than someone who is just meeting their own needs while paying spousal maintenance to the other spouse).
  5. Whether one of the parties can make more money or has more assets than the other party. (Such a person may more easily afford a longer spousal maintenance award).
  6. Whether one of the parties contributed to the other spouse’s educational and/or career opportunities. (In such event, it may be more fair that the party that made such contributions should receive spousal maintenance for a longer period).
  7. Whether one of the parties sacrificed his or her own income or career opportunities for the benefit of the other spouse. (This is similar to #6 in that it may be fair for the sacrificing spouse to receive a higher or longer award).
  8. The financial resources of the party seeking spousal maintenance, including marital property apportioned to such spouse, and the spouse’s ability to meet their own needs independently. (This is not only relevant to whether a party is entitled to spousal maintenance, but if they have significant property interests, the Court may grant an award for a shorter duration).
  9. The time necessary to acquire sufficient education or training to obtain appropriate employment, and whether this is possible. (If a party is in school or needs further education or training, the Court may factor this in how long the other party needs to pay until the receiving party is ready to recommence adequate employment).

The above factors used to be the exclusive basis for the Court to determine the duration of a spousal maintenance award. However, now that the statute has been amended and the Spousal Maintenance Guidelines have been issued, these factors are used in a more limited scope to deciding where within the presumed range the Court will decide the duration (as well as potential deviation to the amount as described in Section VI). In other words, if the Spousal Maintenance Calculator provides a duration range of 60 – 120 months, the Court applies the statute to determine the duration inside of this duration range absent the limited exceptions noted in the prior discussion.

D. For duration purposes, what is the starting date for a spousal maintenance award?

Pursuant to the Spousal Maintenance Guidelines, the spousal maintenance award starts the first day of the month following entry of the final decree of dissolution of marriage (i.e. the divorce decree) or the decree of legal separation (if applicable). However, the parties can generally stipulate to a different starting date, or different payment dates or sequences. For example, parties may stipulate to a later start date if a spouse is making other equalization payments and needs more time to start the spousal maintenance payments.

Temporary spousal maintenance awards which are entered while the proceedings are still pending are treated differently and addressed in Section VII.

E. Are “lifetime” awards permitted.

The term “lifetime” spousal maintenance is rarely if ever used by the Court.  The Spousal Maintenance Guidelines have directed that such term no longer be used. The term “indefinite spousal maintenance” regards an award without a termination date. This means that the person paying spousal maintenance has to continue making such payments until he or she files a petition to modify or terminate spousal maintenance, and can establish that his or her circumstances have substantially changed (such as the payor’s disability or full retirement at full retirement age), and then only if the spousal maintenance award is modified or terminated by the court. As noted previously, a Court cannot provide for an indefinite award or enter an award beyond the presumed standard duration range unless the Rule of 65 applies, the receiving party has a disability, or there are extraordinary circumstances that preclude a party from achieving self-sufficiency within the presumed duration range.

SECTION VI. DEVIATIONS IN CONTESTED SPOUSAL MAINTENANCE CASES

Pursuant to the new amendment to the spousal maintenance statute, the court may only deviate from the amount of spousal maintenance to be ordered, not the duration range set forth by the Spousal Maintenance Guidelines. As noted previously, the Court still has the discretion to award zero spousal maintenance if the requesting party is declared self-sufficient. Technically, a zero award as such would not be a deviation per se, but rather a denial of entitlement.

A deviation in the amount of spousal maintenance may be upward or downward. A party requesting spousal maintenance may seek to prove they need more spousal maintenance and that  it would be unjust to award him or her only an amount that falls within the range as shown by the Spousal Maintenance Calculator.  On the flip side, a party that is required to pay spousal maintenance may seek to prove that the presumptive amount range is too high and unjust, and thus they should pay a lower amount than the presumptive range amount from the Spousal Maintenance Calculator.

The party who seeks a deviation outside of the presumptive range has the burden of proof to show the amount within the range is inappropriate or unjust in their particular case. The Court is to look at the same factors set forth in A.R.S. Section 25-319(B) in assessing whether an amount within the presumptive range is inappropriate or unjust. These factors once again are as follows:

  1. The standard of living during the marriage (a higher standard of living may convince the court to award a longer range).
  2. How long the parties were married (generally, the longer the marriage the longer the spousal maintenance award).
  3. The age, employment history, earning ability, physical and emotional condition of the parties (this of course goes to how long a particular spouse will take to obtain adequate employment to meet his or her own reasonable financial needs).
  4. Whether the other party can pay spousal maintenance and still meet his or her own reasonable needs. (For example a wealthy payor may be ordered to pay longer than someone who is just meeting their own needs while paying spousal maintenance to the other spouse).
  5. Whether one of the parties can make more money or has more assets than the other party. (Such a person may more easily afford a longer spousal maintenance award).
  6. Whether one of the parties contributed to the other spouse’s educational and/or career opportunities. (In such event, it may be more fair that the party that made such contributions should receive spousal maintenance for a longer period).
  7. Whether one of the parties sacrificed his or her own income or career opportunities for the benefit of the other spouse. (This is similar to #6 in that it may be fair for the sacrificing spouse to receive a higher or longer award).
  8. The financial resources of the party seeking spousal maintenance, including marital property apportioned to such spouse, and the spouse’s ability to meet their own needs independently. (This is not only relevant to whether a party is entitled to spousal maintenance, but if they have significant property interests, the Court may grant an award for a shorter duration).
  9. The time necessary to acquire sufficient education or training to obtain appropriate employment, and whether this is possible. (If a party is in school or needs further education or training, the Court may factor this in how long the other party needs to pay until the receiving party is ready to recommence adequate employment).

It is not easy to convince the Court to go outside of the presumed range. Remember that the amount range set forth by the Spousal Maintenance Guidelines are based upon national averages. The Spousal Maintenance Guidelines explains that standard expenses that most people have are already factored into the Spousal Maintenance Calculations. In essence, you will generally have to establish that your circumstances are special in order for the Court to find that a spousal maintenance award is unjust or inappropriate.

The Spousal Maintenance Guidelines does explain that there are certain types of Spousal Maintenance adjustments that are not considered “deviations”, and thus do not require a showing that the award is “unjust or inappropriate”. This includes the following (summarized):

  1. An award of spousal maintenance that adjusts in amount over time (a step-down award) if the amounts stay within the amount range.
  2. An agreement of the parties that falls outside of the amount and/or duration ranges so long as the agreement is in writing or entered into verbally before the Court,  and specified procedures are followed to ensure that each party knows the amount and duration presumed ranges set forth by the Guidelines, and that their agreement to go outside these ranges is entered into voluntarily.
  3. Low income exception: The Court may deny spousal maintenance if the parties’ combined incomes equal less than $44,000.

SECTION VII. TEMPORARY ORDERS

Temporary orders are orders that a party to a divorce or legal separation proceeding can request on an interim basis while the rest of the case proceeds. For example, a party may request temporary spousal maintenance orders to assist them pay their living expenses before the final resolution of the case.  Temporary orders are just that – “temporary”.

The Spousal Maintenance Guidelines explains that the policy behind temporary spousal maintenance orders is to preserve the status quo while the case proceeds through the court. During temporary orders proceedings, the Court is still supposed to apply the spousal maintenance guidelines as to the temporary amount, however, the Court needs to also account for each of the parties’ expenditures in the meantime toward community liabilities. Thus, the temporary spousal maintenance award should be adjusted to account for the receiving party’s share of such liabilities.

The Spousal Maintenance Guidelines specifically recognizes that some spouses may not have worked in a long time. Thus, the Guidelines provide that the Court not attribute income to a spouse requesting spousal maintenance if they have not had bona fide employment for at least 24 months before the filing of the divorce or legal separation.

Temporary orders hearings are very short (usually an hour). The Court can always change the orders or make adjustments later when more evidence is submitted.

The Spousal Maintenance Guidelines also states that the temporary spousal maintenance award is not included in the final award duration period unless the Court orders otherwise. With regard to lengthy divorce proceedings, the paying party will almost always ask for credit for temporary spousal maintenance payments against the final award. A good question to ask is whether the amount and duration of  temporary spousal maintenance affects the duration analysis regarding when a spouse is expected to achieve self-sufficiency.

VIII. MODIFICATION / TERMINATION OF SPOUSAL MAINTENANCE AWARDS

  1. Automatic Termination of Spousal Maintenance

Before we address whether a party can modify a spousal maintenance award, it is important to address when a spousal maintenance award is automatically terminated. Pursuant to federal and state law, a spousal maintenance award terminates upon the death of either party, or the remarriage of the party receiving spousal maintenance. Otherwise, in order to “modify” spousal maintenance, a party must file a motion pursuant to the legal principles set forth below.

2. Modification of a Spousal Maintenance Award.

Once a spousal maintenance award is entered, a party can later request it be modified or terminated “upon establishing a substantial and continuing change of circumstances”. This is assuming that the parties did not previously agree as part of the divorce or legal separation decree that the spousal maintenance award is “non-modifiable”. If the parties previously agreed in the final court documents that the spousal maintenance award is non-modifiable, then such award is set in stone and the Court has no authority to later modify it.  The non-modifiable language is generally only included when the parties entered into a consent decree regarding the spousal maintenance.

Otherwise, orders regarding spousal maintenance are always modifiable so long as the petition to modify is filed before the spousal maintenance award expires, and so long as the party requesting the modification can establish a “substantial and continuing change of circumstances. If a party wants to try to extend the spousal maintenance duration based upon changed circumstances, they must file their petition before the last payment set forth in the prior award is due.

In addition to showing a substantial and continuing change of circumstances, published case opinions have further restricted the parameters of when a party can obtain a modification of spousal maintenance. For example, case decisions have held that the paying party’s increase in income alone does not provide the other party with a basis to modify spousal maintenance. In addition, some cases have held that a change in circumstances that is forseeable at the time of the original spousal maintenance award does not constitute changed circumstances for purposes of modifying a spousal maintenance award.

Examples of changed circumstances, as noted previously, may be the paying parties’ retirement at full retirement age. Or perhaps the paying party lost their job and cannot find a similar paying job for reasons outside of his/her control. The receiving party may have similar circumstances and thus may have a need for an increased amount of spousal maintenance. Of course, a disability by either party that materially affects his or her ability to work would almost always be considered a material change of circumstances.

A. What duration range applies when a party seeks to modify duration?

Keep in mind that a Court, absent a specific exception, only has the ability to modify the duration of spousal maintenance within the original duration range. For example, if the standard duration range was 60 to 120 months, and the original award was for 90 months, the Court can still only modify (i.e., extend) the spousal maintenance range to a maximum of 120 months total absence a disability or extraordinary circumstances that take place after the award.

B. May the retirement of the party paying spousal maintenance during the terms of the award constitute changed circumstances for modification purposes?

The Spousal Maintenance Guidelines provide that retirement is an appropriate reason to modify or terminate spousal maintenance so long as the paying party has reached full retirement age. However, “anticipated” retirement is not sufficient. A person must actually retire in order to establish this as a substantial and continuing change in circumstances. This makes sense as a person may otherwise “pretend” to want to retire with the hidden intent to continue working in order to modify or terminate spousal maintenance.

Although full age retirement constitutes a substantial and continuing change of circumstances, there is no guarantee that a modification or termination of spousal maintenance will be granted by the Court if it determines that the receiving party is still in need of spousal maintenance, and the paying party can still afford the same. In such event, the Court may continue the spousal maintenance obligation for the duration of the award.

C. Do the Guidelines apply to modification proceedings.

The date that you filed your original petition for dissolution dictates whether the Court applies the Spousal Maintenance Guidelines, or the statute that was in place at the time the spousal maintenance order was entered. The rule that one must show a substantial and continuing change of circumstances to obtain a modification applies regardless of whether your case is pre-guidelines or post-guidelines.

Thus, the Court will apply the Guidelines to the modification proceedings if your original case was filed after September 24, 2022. Regarding older cases filed prior to September 24, 2022, the Guidelines do not apply (unless the parties stipulate otherwise).

D. If changed circumstances are found, and the Spousal Maintenance Guidelines Apply, what information is used in the Spousal Maintenance Calculator?

If your case was filed after September 24, 2022, the same information categories used for the Spousal Maintenance Calculator are used in the modification proceeding. The Family size data may be changed if one or more of the children have reached adulthood. Subsequent children born from the party’s new marriages or relationships are not included in the family size factor, thus the family size number will either stay the same or be smaller.

Mortgage principal payments are not included in the modification calculation.

New income amounts will be input. The length of marriage will of course stay the same.

Conclusion regarding spousal maintenance modifications.

The bottom line is that no modification can take place absent the requesting party showing a substantial and continuing change of circumstances. The words “substantial” and “continuing” are of upmost importance.

First, the change must be substantial. The Court will not consider “minor” changes that do not affect a party’s ability to be self sufficient. In addition, such changed circumstances must generally be outside a person’s control. For example, voluntary retirement before full retirement age is within a person’s control and will generally not form the basis for a modification of spousal maintenance. The word “continuing” is equally important. The Court will not consider temporary changes in circumstances. For example, losing one’s job may be a temporary set back. Unless a party can show that they cannot find a comparable job, the Court will likely deny the modification.

Spousal Maintenance Practice Tips

A good family law attorney / divorce attorney can help you present your most persuasive case to the Court regarding the amount and duration of spousal maintenance – whether you are requesting spousal maintenance or challenging the other party’s request for spousal maintenance. Substantial trial experience on the part of the attorney will be very helpful in presenting your best case.

We have put together an extremely helpful set of Spousal Maintenance Tips for Attorneys or self-represented parties in this article written by William D. Bishop, Managing Partner of Bishop, Del Vecchio & Beeks Law Office, P.C.

The Attorney You Choose May Be Crucial.

The amount and duration of spousal maintenance can vary and can be very substantial. The law firm that you hire to represent you in these types of proceedings is a very important decision. Having a quality experienced attorney can make a huge difference. Call us today at 602-749-8500 to schedule an in-person, video or telephone consultation with one of our top rated and highly respected spousal maintenance attorneys today.