spousal maintenance; domestic violence

HB4071 - 572R - I Ver

REFERENCE TITLE:
spousal maintenance; domestic violence

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 4071

Introduced by

Representatives
Simacek: Contreras P, Garcia, Sandoval

AN
ACT

amending section 25-319, arizona revised
statutes, relating to spousal maintenance.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

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

START_STATUTE
25-319.

Spousal maintenance; supreme court guidelines; computation
factors; court jurisdiction

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 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 that spouse's income
or career opportunities for the benefit of the other spouse.

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.

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
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. 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. 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.

F. Notwithstanding any other law, the
court may not grant a maintenance order from an injured spouse to a spouse who
has been convicted of an act of domestic violence against the injured spouse.�
for the purposes of this subsection:

1. "Domestic violence" has
the same meaning prescribed in section 13-3601.

2. "injured spouse" means
The spouse who was the subject of an act of domestic violence for which the
other spouse was convicted.
END_STATUTE