Arizona HB 4071: spousal maintenance; domestic violence

Bill Text

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_STATUTE25-319. 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 no