Arizona Family Law Updates

Major Arizona Family Law Changes

Reviewed and updated: May 2026

Arizona family law underwent significant changes in 2025 that are now fully in effect. The most consequential — substantial revisions to the Arizona Spousal Maintenance Guidelines under Administrative Order No. 2025-101 — took effect on September 1, 2025, and apply to all spousal maintenance orders entered on or after that date. The revised guidelines provide greater clarity on the purpose of spousal maintenance, expand the duration available for long-term marriages, and give courts updated tools for determining what an alimony award should look like given each couple’s unique financial circumstances.

What changed in the Arizona Spousal Maintenance Guidelines

The revised guidelines, adopted by the Arizona Supreme Court under A.R.S. § 25-319, are now in use by family-court judges statewide. The most important changes for divorcing or separating couples include:

• Focus on self-sufficiency. The guiding principle of the revised guidelines is that spousal maintenance awards should be ordered for a duration and in an amount “necessary to enable the receiving spouse to become self-sufficient.” That statutory language drives both the calculator output and any judicial decision to deviate from it.
• The Spousal Maintenance Calculator. Arizona courts now use a standardized calculator (available through the Maricopa County Superior Court and linked from azcourts.gov) that uses data from the United States Bureau of Labor Statistics Consumer Expenditure Survey. The receiving spouse’s share of combined expenditures is calculated proportionally to their share of the combined Spousal Maintenance Income.
• Longer maximum duration for long-term marriages. For marriages of 16 years or more that are not subject to the Rule of 65, the maximum duration of maintenance increased from 8 years (96 months) to 12 years (144 months) — or 50% of the length of the marriage, whichever is greater. This is one of the most consequential practical changes in the revision.
• Comprehensive income determination. “Actual Income” for purposes of calculating spousal maintenance now includes a broad range of pre-deduction income sources. Overtime income regularly earned by the marital community is generally included. The guidelines also detail factors for “Attributed Income” — income a court may assign based on a party’s earning capacity rather than what they are currently earning.
• 24-month employment rule loosened. Courts may now use a spouse’s actual income even if they have been employed for fewer than 24 months, provided they are working at the time of the hearing. Previously, courts could not attribute income unless the recipient had been continuously employed for 24 months prior to filing.
• Mortgage principal removed from the calculation. The household mortgage principal amount — which used to factor into the expenditure calculation — has been completely removed.
• The 4% presumed rate of return on income-producing property is gone. Courts may now apply a rate of return only “when equitable to do so,” rather than assuming a 4% return as a matter of course.
• The Rule of 65 — three-part test. The Rule of 65 may allow a more discretionary duration determination in long-term marriages. The rule applies when all three of the following are true: the spouse seeking maintenance is at least 42 years old, the marriage lasted at least 16 years, and the spouse’s age plus the length of the marriage equals 65 or more. Permanent disability or other “extraordinary circumstances” can also lead to case-by-case duration determinations.
• Temporary orders. Courts must now allocate community expenses when making temporary orders, and may reallocate them at the final hearing.
• Deviations and accountability. Courts can still deviate from the calculated amount range if it would be unjust, but such deviations require specific written findings. Deviations can also occur by agreement of the parties. Beginning August 1, 2027, presiding judges in each county will report their spousal maintenance orders and deviations to the Administrative Office of the Courts. The data collected during that one-year reporting period will inform any future refinements to the guidelines.

What changed in the Arizona Spousal Maintenance Guidelines

The revised guidelines, adopted by the Arizona Supreme Court under A.R.S. § 25-319, are now in use by family-court judges statewide. The most important changes for divorcing or separating couples include:

• Focus on self-sufficiency. The guiding principle of the revised guidelines is that spousal maintenance awards should be ordered for a duration and in an amount “necessary to enable the receiving spouse to become self-sufficient.” That statutory language drives both the calculator output and any judicial decision to deviate from it.
• The Spousal Maintenance Calculator. Arizona courts now use a standardized calculator (available through the Maricopa County Superior Court and linked from azcourts.gov) that uses data from the United States Bureau of Labor Statistics Consumer Expenditure Survey. The receiving spouse’s share of combined expenditures is calculated proportionally to their share of the combined Spousal Maintenance Income.
• Longer maximum duration for long-term marriages. For marriages of 16 years or more that are not subject to the Rule of 65, the maximum duration of maintenance increased from 8 years (96 months) to 12 years (144 months) — or 50% of the length of the marriage, whichever is greater. This is one of the most consequential practical changes in the revision.
• Comprehensive income determination. “Actual Income” for purposes of calculating spousal maintenance now includes a broad range of pre-deduction income sources. Overtime income regularly earned by the marital community is generally included. The guidelines also detail factors for “Attributed Income” — income a court may assign based on a party’s earning capacity rather than what they are currently earning.
• 24-month employment rule loosened. Courts may now use a spouse’s actual income even if they have been employed for fewer than 24 months, provided they are working at the time of the hearing. Previously, courts could not attribute income unless the recipient had been continuously employed for 24 months prior to filing.
• Mortgage principal removed from the calculation. The household mortgage principal amount — which used to factor into the expenditure calculation — has been completely removed.
• The 4% presumed rate of return on income-producing property is gone. Courts may now apply a rate of return only “when equitable to do so,” rather than assuming a 4% return as a matter of course.
• The Rule of 65 — three-part test. The Rule of 65 may allow a more discretionary duration determination in long-term marriages. The rule applies when all three of the following are true: the spouse seeking maintenance is at least 42 years old, the marriage lasted at least 16 years, and the spouse’s age plus the length of the marriage equals 65 or more. Permanent disability or other “extraordinary circumstances” can also lead to case-by-case duration determinations.
• Temporary orders. Courts must now allocate community expenses when making temporary orders, and may reallocate them at the final hearing.
• Deviations and accountability. Courts can still deviate from the calculated amount range if it would be unjust, but such deviations require specific written findings. Deviations can also occur by agreement of the parties. Beginning August 1, 2027, presiding judges in each county will report their spousal maintenance orders and deviations to the Administrative Office of the Courts. The data collected during that one-year reporting period will inform any future refinements to the guidelines.

The intent behind the revised guidelines — and the related updates to the child support guidelines — is to ensure that Arizona families, and especially children, have the financial structure they need to move through legal separation or divorce successfully. For couples considering separation or divorce in Arizona, the new framework is a clearer, more predictable starting point for working out spousal maintenance through mediation.