Official Summary Text
SB1049 - 572R - Senate Fact Sheet
Assigned to
JUDE���������������������������������������������������������������������������������������������� AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
AMENDED
FACT SHEET FOR
S.B. 1049
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
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Current Bill Text
Read the full stored bill text
SB1049 - 572R - S Ver
Senate Engrossed
spousal maintenance;
income; property
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1049
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; 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. 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. 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