How will the judge decide the amount of alimony to award?
If the judge has decided to award you alimony, the judge must also decide what amount is fair. The judge will not consider misconduct of either spouse when making this decision.1 The judge will use the following factors to decide the amount of the alimony award:
- the standard of living established during the marriage;
- the length of the marriage;
- your age, employment history, earning ability, and physical and emotional condition;
- your spouse’s ability to meet his/her own needs while also supporting you;
- the financial resources of you and your spouse, including each of your earning potential;
- your contribution to the earning ability of your spouse;
- how much you may have reduced your income or career opportunities for the benefit of your spouse;
- the ability of you and your spouse to contribute to the future education costs of any children of the marriage;
- your financial resources, including marital property distributed to you as part of the divorce and your ability to meet your own needs without assistance;
- the time needed to obtain education or training that will help you find suitable employment, and whether such education or training is readily available;
- either spouse’s excessive or abnormal spending, destruction, concealment or fraudulent disposition of community property or joint property;
- the cost of securing health insurance for yourself and the amount that your spouse may save on health insurance if you are dropped from his/her plan; and
- any actual damages and judgments that you or your spouse may have won in a lawsuit against the other due to behavior that resulted in a criminal conviction of either spouse, assuming the other spouse or a child was the victim.2
1 A.R.S. § 25-319(C)
2 A.R.S. § 25-319(B)