ARIZONA HOUSE OF REPRESENTATIVES 57th Legislature, 2nd Regular Session Majority Research Staff
	Senate: JUDE DPA 4-2-1-0 | Third Read 16-11-3-0-0 House: JUD DP 5-2-0-2

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SB 1049: spousal maintenance; income; property

Sponsor: Senator Rogers, LD 7

Caucus & COW

Overview

Amends the conditions under which the court may grant a spousal maintenance order as well as the list of relevant factors that the Supreme Court must consider when determining the guidelines for awarding spousal maintenance.

History

The court may award spousal maintenance to either spouse in any proceeding for dissolution of marriage or legal separation or a proceeding for maintenance following dissolution of the marriage if the spouse seeking maintenance:

1) lacks sufficient property to provide for his own reasonable needs;

2) lacks earning ability in the labor market that is adequate to be self-sufficient;

3) is the parent of a child whose age or condition restricts that spouse from seeking employment outside the home;

4) 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 his own income or career opportunities for the benefit of the other spouse; or

5) had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient (A.R.S. § 25-319).

Statute directs the Supreme Court to establish guidelines for determining and awarding spousal maintenance based on a list of relevant factors, including:

1) the standard of living established during the marriage;

2) the duration of the marriage;

3) the age, employment history and physical and emotional condition of the spouse seeking maintenance;

4) the contributions, financial resources and earning potential of both spouses; and

5) the ability of both parties, after the dissolution, to contribute to the future developmental costs of their mutual children (A.R.S. § 25-319).

Provisions

1. Restricts the court from granting a spousal maintenance order for any reason unless the requesting spouse lacks sufficient apportioned property and other income sources to support his own or a child’s well-being. (Sec. 1)

2. Restricts the court from awarding spousal maintenance for a period longer than four years. (Sec. 1)

3. Amends the relevant factors upon which the Supreme Court must base the guidelines for determining and awarding spousal maintenance to include only one-half of the standard of living established during the marriage. (Sec. 1)

4. Defines reasonable needs. (Sec. 1)

5. Makes technical and conforming changes. (Sec. 1)

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9. Initials NM/NP                SB 1049

10. 3/4/2026    Page 0 Caucus & COW

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