Arizona is a “no fault” divorce state. This means the court cannot consider marital misconduct when deciding whether to award, or not to award, spousal maintenance. Whatever fault there may have been — infidelity, alcoholism, gambling, drug problems, and the like — it is not a factor in awarding such support. Which spouse initiated the divorce has no bearing on the court’s decision to award maintenance either. The controlling statute is A.R.S. § 25-319 which involves a two-part test to determine the appropriateness of maintenance in the family law case.
Related posts:
- If the court decides the divorce was my fault, does that mean I will have to pay spousal maintenance? No. Arizona is a “no fault” divorce state, which means the court doesn’t consider marital misconduct when deciding whether to award, or not to award, spousal maintenance. Whatever fault there...
- Can the award of spousal maintenance be modified? Wondering if spousal support be modified? Yes, unless the support order says it is not to be modified. The court maintains continuing jurisdiction over spousal maintenance for the entire time it...
- Is spousal maintenance the same as spousal support? Yes, it is. Spousal maintenance, also referred to as spousal support or alimony, is court-ordered support paid by the obligor-spouse to the other spouse or former spouse (the obligee) to...
- How is the spousal maintenance order enforced? In addition to civil remedies like wage garnishment, under A.R.S. § 25-511.01, when the noncompliant obligor has notice of the maintenance order, he or she can be convicted of a...
- Are there any tax considerations with spousal maintenance? Are there any tax considerations with spousal maintenance? Yes, there are. With spousal maintenance, the income tax obligation shifts from the obligor-payer to the obligee-recipient of the money. The obligor may...
