Calculate Maintenance Under Arizona Revised Statutes ARS 25-319
Important Legal Update: Arizona's Spousal Maintenance Guidelines were revised effective September 1, 2025. Key changes include: Mortgage principal is excluded from calculations, high-income adjustment begins at $175,000 (was $100,000), and maximum duration for long marriages increased to 12 years. This calculator reflects these updates.
Income Information
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Marriage Details
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Marriage less than 5 years?
Marriage 192+ months (16+ years)?
Is recipient custodial parent?
Arizona-Specific Factors
Domestic violence involved?
Fault-based divorce?
Needs and Resources
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Please enter a valid age between 18-100
Earning Capacity
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Recipient Sacrificed Career for Marriage?
Recipient has disability?
Duration Factors
Maintain marital standard of living?
Significant separate property?
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Important Legal Note: This calculator provides estimates only based on Arizona statutes, case law, and the 2025 guideline updates. Actual court-ordered maintenance may differ significantly as Arizona judges have discretion in maintenance determinations. The calculation is not legal advice. Consult a licensed Arizona family law attorney for advice regarding your specific situation.
Arizona Spousal Maintenance Calculation Results
Simulation Based on 2025 Guidelines: This estimate reflects key 2025 changes but is not the official court calculator. The official formula is proprietary to the Arizona courts.
Maintenance Type Determination
Recommended Maintenance Type:
Primary Factors:
Monthly Maintenance Amount
Guideline Estimate:
2025 Adjustments Applied:
Duration of Maintenance
Recommended Duration:
Arizona 2025 Guidelines:
Judicial Considerations
Likely Range:
Key 2025 Factors:
Disclaimer: This calculator provides estimates based on Arizona statutes, case law, and the 2025 Spousal Maintenance Guidelines. The calculation is not legal advice and actual court-ordered maintenance may differ. Consult a licensed Arizona family law attorney for legal advice regarding your specific situation.
Arizona Maintenance Case Law Examples
Bobrow v. Bobrow (2017)
241 Ariz. 592
This case is cited in the 2025 guidelines regarding the allocation of community expenses when making temporary orders. It provides authority for how courts should handle these expenses during the divorce process.
Schneider v. Schneider (1995)
183 Ariz. 33
The Arizona Court of Appeals affirmed that fault is generally not a factor in determining spousal maintenance, except in cases of economic misconduct or extreme circumstances that directly impact the financial aspects of the marriage.
Wisner v. Wisner (1981)
129 Ariz. 333
The Court of Appeals addressed the treatment of professional degrees and licenses in divorce, establishing that while the degree itself is not community property, the community may have an interest in the enhanced earning capacity resulting from the degree.
McNutt v. McNutt (2002)
203 Ariz. 28
The Arizona Court of Appeals clarified that cohabitation alone does not automatically terminate maintenance obligations. The payor must demonstrate the cohabitation has materially affected the recipient's financial needs.
Mogged v. Mogged (1998)
193 Ariz. 406
The appellate court affirmed a trial court's decision to award maintenance to a spouse after a 25-year marriage, citing the recipient's need for support to maintain the standard of living established during the marriage.
Modifying Maintenance in Arizona
Arizona law allows for modification of maintenance under certain circumstances. Here's the process for requesting a modification:
Grounds for Modification
Maintenance can be modified for:
A substantial and continuing change in circumstances
Remarriage of the recipient spouse
Payor's retirement at a reasonable age
Recipient's improved earning capacity
Disability or health issues affecting earning capacity
Modification Process
File a Petition: Submit a Petition for Modification to the court that issued the original order.
Serve Notice: Legally notify the other party using certified mail or a process server.
Gather Evidence: Collect documentation supporting the change (tax returns, pay stubs, medical records).
Mediation: Many Arizona courts require mediation before a hearing.
Court Hearing: If unresolved, present evidence to the court for a decision.
Important Considerations
Modifications are not retroactive - they only apply from the filing date forward.
Never stop paying maintenance without court approval - you risk contempt charges.
Arizona requires a "substantial and continuing" change in circumstances.
Retirement modifications typically require the payer to be at least 65 years old.
Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.
What changed in the 2025 Arizona Spousal Maintenance Guidelines?
The 2025 guidelines, effective September 1, 2025, include several significant updates:
Mortgage Principal Removed: Monthly mortgage principal payments are no longer included in calculations.
High-Income Adjustment: The adjustment for higher income now starts at $175,000 combined annual income (was $100,000) and is capped at a 70% increase (was 80%).
Longer Duration for Long Marriages: For marriages of 16+ years (192+ months), the maximum guideline duration increased from 8 years to 12 years.
No Presumed Investment Return: The previous 4% presumed return on assets has been eliminated.
Clarity on Income: Retirement income is only counted when accessible without penalty, and regular overtime should be averaged over three years.
How is maintenance calculated under the new 2025 guidelines?
Arizona uses a two-step process:
Eligibility Determination: The court must first find a spouse eligible for maintenance based on statutory factors.
Guideline Calculation: If eligible, the court uses the official Spousal Maintenance Calculator, which produces a range for amount and duration.
The 2025 calculation excludes mortgage principal, adjusts the high-income threshold, and extends duration for long marriages.
How does marriage length affect maintenance duration in 2025?
Marriage duration significantly impacts Arizona maintenance under the 2025 guidelines:
Less than 2 years: 3-12 months
2 to less than 5 years: 6-36 months
5 to less than 10 years: 6-48 months
10 to less than 16 years: 12-60 months
16 years or more (192+ months): 12-144 months (increased from previous max of 96 months).
Are maintenance payments tax-deductible?
For divorce agreements finalized after December 31, 2018, spousal maintenance payments are NOT deductible by the payor and are NOT considered taxable income for the recipient. For agreements finalized before that date, different (older) tax rules may apply.
Can my ex-spouse and I agree to an amount different from the guidelines?
Yes. Parties are free to reach their own agreement on spousal maintenance. The 2025 guidelines specify that a court may approve such an agreement if it is in writing, entered without duress, and both parties acknowledge they are aware of the official guidelines and calculator.
How does retirement affect maintenance?
Retirement impacts Arizona maintenance cases:
Payor may petition to modify/terminate at retirement age
Court considers whether retirement is reasonable
Recipient's needs still considered
Early retirement may not be considered reasonable
Under 2025 guidelines, retirement assets are only considered as income when the owner reaches an age where they can access the funds without penalty.
What's the difference between maintenance and alimony in Arizona?
Arizona law uses the term "maintenance" rather than "alimony." Common distinctions:
Temporary Maintenance: Paid during divorce proceedings and ends when divorce is finalized.
Post-Divorce Maintenance: Rehabilitative or transitional support based on statutory factors, typically temporary in nature.
How do county differences affect maintenance?
Arizona counties may handle maintenance cases differently:
Urban Counties (Maricopa, Pima): Typically higher maintenance amounts