A new appellate decision also came down limiting a spouse's ability to seek an indefinite spousal maintenance award. In the Huey v. Huey court decision, the court held that an indefinite award for spousal maintenance cannot be awarded based on a non-permanent condition and that the evidence before the court must demonstrate that the limiting condition is permanent. The Huey Court was presented with a non-permanent mental health condition as the justification why a spouse could not be self sufficient through employment, but it can also be applied to alleged medical disability which may limit self-sufficiency. Going forward this means that a party seeking maintenance with no expiration because of his or her disability must provide evidence to the court that the disability which limits employment related self-sufficiency is actually permanent with no chance of improvement.
“an indefinite award for spousal maintenance cannot be awarded based on a non-permanent condition ... the evidence before the court must demonstrate that the limiting condition is permanent.”
When taking the Huey court decision along with the recent statute change, the perception of long term spousal maintenance awards (based only upon a long duration marriage) must change. The changes in the law reflect the sentiment since 1989: spouses should make efforts to be self-sufficient and not rely on maintenance awards in lieu of employment. By codifying that sentiment into law (A.R.S. §25-319.B.), it is the reigning statutory authority that judges will be held to.