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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
spousal maintenance; income; property
Purpose
Modifies the conditions that allow the court to grant a spousal maintenance order and the list of relevant factors on which the Arizona Supreme Court (Supreme Court) must base the guidelines for determining and awarding spousal maintenance.
Background
Either party in a marriage may initiate a proceeding for dissolution of marriage, annulment or legal separation. The dissolution of marriage, annulment or legal separation must allege that the marriage is irretrievably broken or void, that one or both of the parties desire to live separate and apart or, if the marriage is a covenant marriage, that statutorily outlined requirements have been met (A.R.S. § 25-314).
The court may grant a maintenance order to either spouse upon finding that the spouse seeking maintenance: 1) lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's 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 is such that the parent should not be required to seek 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 the spouse's 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.
The Arizona Supreme Court must establish guidelines for determining and
awarding spousal maintenance and base the guidelines and criteria for deviation
from the guidelines on prescribed relevant factors that are considered and
weighed in conjunction with each other, including, but not limited to, the: 1)
standard of living established during the marriage;
2) duration of the marriage; 3) age, employment history, earning ability and
physical and emotional condition of the spouse seeking maintenance; and 4) comparative
financial resources of the spouses, including the spouses' comparative earning
abilities in the labor market. 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 (A.R.S.
§ 25-319).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds, to each of the conditions which allow the court to grant a spousal maintenance order, the stipulation that the spouse seeking maintenance must lack sufficient property apportioned to that spouse or other income sources to provide for that spouse's own reasonable needs or the needs of a child as prescribed.
2. Modifies the list of relevant factors on which the Supreme Court must base the guidelines for determining and awarding spousal maintenance to require that one-half of the standard of living established during the marriage be considered, rather than the whole standard of living.
3. Prohibits the court from awarding spousal maintenance for a period exceeding four years.
4. Defines reasonable needs as basic necessities to enable a receiving spouse to acquire education or training to become self-sufficient or that are necessary for the care of a child, including:
a) food;
b) housing;
c) utilities;
d) health insurance;
e) medical expenses;
f) transportation; and
g) educational expenses.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Prohibits the court from awarding spousal maintenance for a period exceeding four years, rather than an unspecified number of years.
Senate Action
JUDE 1/21/26 DPA 4-2-1
Prepared by Senate Research
January 22, 2026
ZD/KS/ci