Assigned to JUD FOR
COMMITTEE
Assigned to JUD FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
spousal maintenance; significant contribution; reduction
Purpose
Expands conditions for a court to award spousal maintenance.
Background
A court may grant a maintenance order for a spouse in a proceeding for dissolution of marriage or legal separation. The decision to grant a maintenance order depends on the court finding that at least one statutory condition is met. Those conditions include that a spouse 1) lacks sufficient property to provide for that spouse's reasonable needs; 2) is unable to be self-sufficient through appropriate employment or is the custodian of a child that prohibits the seeking of employment; 3) contributed to the educational opportunities of the other spouse; or 4) had a marriage of a long duration and is of an age that may preclude employment opportunities in order to be self-sufficient.
The court has discretion in setting the amount and duration of a spousal maintenance order depending on several statutory factors. The parties to a marriage dissolution or legal separation may agree to make the terms of the maintenance order non-modifiable (A.R.S. § 25-319). Unless the parties agree to the contrary, the obligation to pay future maintenance is terminated on the death of either spouse or the remarriage of the party receiving spousal maintenance (A.R.S. § 25-327(B)).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Expands the list of conditions that a court may grant a spousal maintenance order to include if a spouse:
a) has made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse; or
b) has significantly reduced that spouse's income or career opportunities for the benefit of the other spouse.
2. Removes the condition that one spouse has contributed to the educational opportunities of the other spouse.
3. Makes a technical change.
4. Becomes effective on the general effective date.
House Action
JPS 1/31/18 DP 9-0-0-0
3rd Read 2/8/18 57-0-2
Prepared by Senate Research
March 19, 2018
JA/lat