Alimony (Spousal Maintenance)is money that one spouse pays to the other for support either during or after a divorce (or both). In Arizona, alimony is called "spousal maintenance." When spouses separate, one person may be unable to pay for regular living expenses, in which case a judge may require the higher earner-whether that is the husband or the wife-to assist the lower earner financially for at least some period of time.
When determining spousal maintenance (alimony) and/or child support in a family court case, the income of each party must be determined. This is a fairly simple easy process for most people in which pay stubs, W2s, tax returns, and other financial information is examined. In some cases, it is much more complex when a spouse or parent is self-employed.
If you signed a prenuptial agreement before you got married, and believe there is any chance you and your spouse may divorce in the future, the Tax Cuts and Jobs Act that was signed into law on December 22, 2017 could seriously affect the agreement that was reached. One major change that occurred when that law was passed is that spousal maintenance (also known as alimony), will no longer be tax deductible after 2018 to the spouse who is paying it, and will no longer need to be claimed as income by the person receiving it. Under the new law, a separation agreement must be signed within the calendar year of 2018, or there needs to be a judgment of divorce signed in 2018 directing that spousal maintenance will be considered tax deductible in future years.
ARIZONA SPOUSAL MAINTENANCE (ALIMONY)
Arizona is a "no-fault divorce" state. As such, the Courts will not consider any acts of marital misconduct when deciding whether to award spousal maintenance (alimony). Which spouse filed the petition for dissolution of marriage also has no bearing on the court's decision to award maintenance.