ARIZONA HOUSE OF REPRESENTATIVES

HB 2031: spousal maintenance; significant contribution; reduction

PRIME SPONSOR: Representative Lawrence, LD 23

BILL STATUS: House Engrossed

Abstract

Relating to spousal maintenance.

Provisions

1. Expands the list of conditions for granting a spousal maintenance order to include if the spouse:

a. Has made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse;

i. Removes the current condition of contributing to the educational opportunities of the other spouse. (Sec. 1)

b. Experienced a significant reduction in income or career opportunities for the benefit of the other spouse. (Sec. 1)

2. Makes a technical change. (Sec. 1)

Current Law

A.R.S. § 25-319 states the court may grant a spousal maintenance order if the spouse seeking maintenance:

· Lacks sufficient property to provide for reasonable needs,

· Is unable to be self-sufficient through appropriate employment,

· Is the custodian of a child under certain conditions,

· Contributed to the educational opportunities of the other spouse, or

· Had a marriage of long duration and is of an age that may prevent employment adequate to be self-sufficient.

Statute outlines the factors the court should consider in awarding spousal maintenance and requires the order to be a set amount for a specific amount of time. Marital misconduct cannot be a factor in awarding spousal maintenance.

The obligation to pay future maintenance is terminated on the death of either party or the remarriage of the party receiving maintenance (A.R.S. § 25-327).

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Fifty-third Legislature                  HB 2031

Second Regular Session                               Version 3: House Engrossed

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