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SB1049 - 572R - H Ver
House Engrossed
Senate Bill
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; 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