SB1049 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 25-319, Arizona Revised Statutes, is amended to read:

START_STATUTE25-319. Spousal maintenance; supreme court guidelines; computation factors; court jurisdiction; termination of spousal maintenance; factors; definition

A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it the court finds that the spouse seeking maintenance:

1. Lacks sufficient property, including property apportioned to the spouse, to Is unable to provide for that spouse's own reasonable needs through a combination of earning ability and property apportioned to the spouse seeking maintenance.

2. Lacks earning ability in the labor market that is adequate to be self-sufficient.

3. 2. Is the parent of a child whose age or condition is such that the parent should not be required to seek employment outside the home and does not have sufficient property apportioned to that parent or other income sources to provide for the child's reasonable needs.

4. 3. Has made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse or has significantly reduced that spouse's income or career opportunities for the benefit of the other spouse and does not have sufficient property apportioned to the spouse seeking maintenance or other income sources provided for that spouse's own reasonable needs.

5. 4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient and does not have sufficient property apportioned to the spouse seeking maintenance or other income sources to provide for that spouse's own reasonable needs.

B. The supreme court shall establish guidelines for determining and awarding spousal maintenance. The court may award spousal maintenance pursuant to the guidelines only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient. The court may not award spousal maintenance for a period of more than four years. The amount of spousal maintenance resulting from the application of the guidelines shall be the amount of spousal maintenance ordered by the court, unless the court finds in writing that applying the guidelines would be inappropriate or unjust. The supreme court shall base the guidelines and criteria for deviation from the guidelines on the following relevant factors listed in paragraphs 1 through 13 of this subsection and as considered together and weighed in conjunction with each other:

1. one-half of the standard of living established during the marriage.

2. The duration of the marriage.

3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance.

4. The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse seeking maintenance.

5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market.

6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse.

7. The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse.

8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.

9. The financial resources of the party spouse seeking maintenance, including marital property apportioned to that spouse, and that spouse's ability to meet that spouse's own needs independently.

10. The time necessary to acquire sufficient education or training to enable the party spouse seeking maintenance to find appropriate employment and whether such education or training is readily available.

11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.

12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.

13. All actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim.

C. A maintenance order shall be made without regard to marital misconduct.

D. If both parties agree, the maintenance order and a decree of dissolution of marriage or of legal separation may state that its maintenance terms shall not be modified.

E. Unless there is a written agreement between the parties that provides otherwise, the court shall terminate spousal maintenance if any of the followING occurS:

1. The spouse who is receiving spousal maintenance remarries.

2. The court finds by a preponderance of the evidence that the spouse who is receiving spousal maintenance has habitually cohabitated for one year or more with another individual in a relationship that is analogous to a marriage.

3. The court finds by a preponderance of the evidence that the spouse who is receiving spousal maintenance had habitually cohabitated with another individual in a relationship analogous to a marriage and failed to disclose the cohabitation during the dissolution of marriage or legal separation proceeding that resulted in an award of spousal maintenance.

F. If the court terminates an award of spousal maintenance pursuant to subsection E of this section, the spouse who is paying the spousal maintenance is entitled to reimbursement for any spousal maintenance that was paid beginning on the date that the spouse who is receiving spousal maintenance remarried or began habitually cohabitating with another individual in a relationship analogous to a marriage. The court shall enter an award of partial or full reimbursement to the spouse who is paying spousal maintenance.

G. The court may consider all of the following factors when determining whether the spouse who is receiving spousal maintenance has habitually cohabitated with another individual in a relationship that is analogous to a marriage:

1. An oral or written statement or representation that is made to a third party regarding the cohabitating relationship.

2. The economic dependence of the couple who are cohabitating or the economic dependence of one person on the other.

3. The conduct or collaborative roles of the couple who are cohabitating in furtherance of the couple's life together.

4. The benefit of the relationship on the life of one oR both of THE people who are cohabitating.

5. The community reputation of the couple who are cohabitating.

6. Any other factor that the court finds relevant and material.

H. A spouse may petition for termination of an award of spousal maintenance pursuant to this section at any time. This section applies to all proceedings relating to spousal maintenance, regardless of any of the following:

1. the date of the filing of a petition for dissolution of marriage or legal separation that resulted in an award of spousal maintenance.

2. the date of entry of an award of spousal maintenance.

3. The date of the filing of a petition for modification of spousal maintenance.

E. I. Except as provided in subsection D of this section or section 25-317, subsection G, the court shall maintain continuing jurisdiction over the issue of maintenance for the period of time maintenance is awarded.

J. For the purposes of this section, "reasonable needs":

1. Means basic necessities that are necessary to enable a receiving spouse to acquire education or training to become self-sufficient or that are necessary for the care of a child.

2. Includes food, housing, utilities, health insurance, medical expenses, transportation and educational expenses. END_STATUTE