Under Arizona Law, what is the average length of marriage that warrants alimony?

Answer:

 

Unknown, but shorter marriages have resulted in spousal maintenance awards.  There are 10 factors that the Court looks to in determining spousal maintenance awards list in

A.R.S. § 25-319.  Arizona Common Law stresses that “the trial court has broad discretion.” Burkhardt v. Burkhardt, 109 Ariz. 419.  When Arizona Courts discuss the length of marriage in determinnig Alimony (Factor 2), often the Factor 3 (Age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance) and Factor 7 (the extent to which the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the beneftit of the other spouse.)

 

There is a presumption that if the length of marriage resulted in a dissolution late in the requesting spouse’s life, new employment is limited or prohibited all together.

 

While length of marriage is one of the factors used in determining spousal maintenance, it is just one of 10 factors used.   Marriages of short duration can result in spousal maintenance awards.  In Oppenheimer v. Oppenheimer, a Mother with two masters degrees was awarded spousal maintenance after only 40 months of marriage.  The Court reasoned that the Mother wished to stay home to care for her children and that even with her two advanced degrees, Mother’s future earning potential was “speculative”

 

The Court must weigh the contribution of the requesting spouse in raising children and the resistance to incentivize unemployment.

 

The Court may award spousal maintenance as modifiable as to duration and amount.  If an award is modifiable in duration the spouse that was awarded maintenance can request spousal maintenance longer than the initial award due to a continued need for support.  An award that is modifiable in amount allows the Court to increase or decrease the original award due to changes in circumstance.

 

 

The facts of each individual case determine if and for how long spousal maintenance will be awarded.

 

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