How does a court determine spousal maintenance or alimony?

When a court in Arizona is determining spousal maintenance or alimony, the court must consider a number of factors. According to Arizona law, the court must take into consideration the standard of living established during the marriage, the length of the marriage, each party’s ability to earn income and the comparative financial resources of each party. Additionally, the court must consider any past or present marital misconduct, the age and health of each party, the ability of the spouse requesting maintenance to become self-supporting, the time necessary for the spouse to acquire the necessary education or training for self-support, and the contribution of each party in the acquisition, preservation, and appreciation of the marital property. The court may order either of the parties to pay spousal maintenance to the other for such period of time and in such amount as the court finds just and proper after considering the factors mentioned above. Spousal maintenance may be ordered even if one of the parties has not requested it. The court may also order spousal maintenance for a specific period or until a specific event occurs. In Arizona, any modification of maintenance orders must be approved by the court. In addition, the parties may agree to terms of maintenance which may then be approved by the court. The court has the power to modify any maintenance agreement or court order when the circumstances of either party have changed significantly.

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