Q: Does substantial income difference between the two parties mean spousal maintenance is required?

A: You asked what the "actual grounds" are for spousal maintenance. Arizona's spousal maintenance law is very complex. But here is probably the simplest way to explain it:

First Step: Determine Eligibility

You have to qualify under one of the grounds listed under ARS 25-319(A): a lengthy marriage, lacks the earning capacity to be self-sufficient, does not have sufficient property to be self-sufficient, sacrificed their career for the benefit of the other spouse, or has a child with special needs that precludes the spouse from working.

Step Two: Run the Calculation

You can Google Arizona Spousal Maintenance Calculator and run the numbers.

Step Three: Determine Entitlement

This is the trickiest part because you can be eligible but not entitled. By law, spousal maintenance is only supposed to be to help someone transition to being self-sufficient.

Step Four: Determine the Amount

The calculation will give ranges for amount and duration, and the Court will pick an amount and duration within those ranges.

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Here is what your Husband is wrong about:

Child support and spousal maintenance are separate considerations. Child support is to support a child; spousal maintenance is to support a former spouse. The receipt of child support does not impact the ability to receive spousal maintenance; however, any amount you receive in spousal maintenance will be calculated into child support.

(The children being on your health insurance is relevant for child support, not spousal support).

Here is what your Husband is right about:

Spousal maintenance is only supposed for the amount and duration necessary to help someone transition to become self-sufficient.

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It might be worth consulting with an attorney to determine if you have a claim that is worth pursuing.

A: You absolutely have the right to request spousl maintenance. Spousal maintenance is based upon so much more than just your income. If you review through our statute (google "ARS 25-319"), you can see the other topics.

Arizona also has recently adopted spousal maintenance guidelines which provide a standardized approach to determining the amount and duration of any award. If you Google "Arizona Spousal Maintenance Calculator" you can enter your information and get some idea what you might be entitled to.

A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.