On September 24, 2022, the Arizona spousal maintenance statute (law) was revised to add new Guidelines. These new Guidelines (and the new Spousal Maintenance Calculator) provide a formula and apply to dissolution and separation cases that were filed on or after September 24, 2022. The law also allows parties to opt out of the Guidelines.

Under Arizona Law, the Court determines a party’s “eligibility” for spousal maintenance and then the “entitlement” to spousal maintenance. If a Court determines that the requesting spouse is not eligible, there is no requirement to even use the Calculator for spousal maintenance. If a court determines that a party is eligible, then the Court must proceed with using the calculator to determine an appropriate award.

The spousal maintenance calculator intends to provide judges and litigants with a range of spousal maintenance, as to the amount and duration. A deviation from that range is only available if one party is disabled or can show by clear and convincing evidence that there are extraordinary circumstances, which would delay the receiving spouse from becoming self-sufficient.

In every case, the facts and circumstances are unique and impact the arguments made regarding spousal maintenance. There are arguments in favor of and against an award and the specific factors contemplated that impact an award of spousal maintenance. It is important to consult with well informed Counsel on the subject, to ensure you are protected on this issue.