The revision to A.R.S. 25-319 will make it harder to obtain long-term spousal maintenance awards.
Now in effect, the statute for spousal maintenance (A.R.S. §25-319.B.) has been rewritten so that once eligibility is determined the court may award it "only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient." While this statute did not drastically change what factors the court reviews to weigh that consideration, it does now cause the courts to hit the breaks on how long that award can be in place.
“Instead of long drawn out awards that could vary from courtroom-to-courtroom depending on how the judge was swayed on what the court deemed to be just (as it read in the old statute), these awards will now consider what the receiving spouse will be doing to become self-sufficient and how long that process will take”
Instead of long drawn out awards that could vary from courtroom-to-courtroom depending on how the judge was swayed on what the court deemed to be just (as it read in the old statute), these awards will now consider what the receiving spouse will be doing to become self-sufficient and how long that process will take. The factors that were already in place before the change were aimed at helping the court understand self-sufficiency, but did not statutorily require the limitation. We have seen this sentiment in appellate decisions before (Schroeder v. Schroeder, and Rainwater v. Rainwater), but this is the first time is was actually amended into the statute.
Also Coming Soon: Guidelines for Spousal Maintenance
The change in statute also directed the Supreme Court of Arizona to establish guidelines (much like we have for child support) for determining and awarding spousal maintenance. A Spousal Maintenance Guidelines Subcommittee has been established to recommend statewide maintenance guidelines, and will have until June of 2023 to submit their recommendation report. This means it will still be some time before guidelines for spousal maintenance are implemented. There are controverted opinions of using a calculation formula to determine spousal maintenance, much like there used to be in Maricopa County, so it is expected that the subcommittee will address some of these opinions as they determine how best to proceed. But again, it is likely that guidelines are not going to be implemented for another year. In the meantime, the legal community has been directed to follow the criterion of the statute, to only award it necessary to become self-sufficient, to do so without regard to marital misconduct, and apply the body of case interpreting the factors - like Schroeder, Rainwater, and Huey - but only to the extent that it is not affected by the amendments.