Navigating Arizona’s Rule of 65 and New Alimony Standards

The New Era of “Sufficient Property and Skills”

Spousal Maintenance, often called alimony, is the most fluid and debated area of family law. Unlike child support, which is a fairly rigid math formula, spousal maintenance was historically discretionary. However, starting with major legislative changes in late 2022 and continuing into the 2026 guidelines, Arizona has moved toward a more formulaic and restricted approach.

The overriding philosophy in 2026 is Self-Sufficiency. Spousal maintenance is not intended to equalize wealth or provide a lifetime pension. Its purpose is “rehabilitative”—to provide a financial bridge that allows the lower-earning spouse to get education, training, or experience to support themselves.

If you wonder whether or not you might want to waive spousal support, learn more here. 

Litigation or Mediation

The process of resolving a legal matter like spousal maintenance through litigation and mediation are fundamentally different in nature and outcome. Litigation involves a formal, adversarial court battle that is often unpredictable, costly, and emotionally draining, culminating in a judge making a binding decision that neither party may fully agree with. 

In contrast, mediation is a cooperative and confidential process where a neutral third party empowers both spouses to craft a customized, forward-looking agreement outside of the court system. This non-adversarial approach allows for creative, mutually beneficial solutions and gives the parties control over the final outcome, which a judge cannot typically order.

Step 1: The Eligibility Gate (A.R.S. § 25-319(A))

Before you can even look at a calculator, you must prove you are eligible. The court will not award one cent of maintenance unless the requesting spouse meets at least one of five specific criteria.

1. Lack of Sufficient Property: You lack enough assets (including those awarded in the divorce) to provide for your reasonable needs.
2. Inability to be Self-Sufficient: You are unable to support yourself through appropriate employment.
3. Care of a Child: You are the primary caregiver of a child whose age or condition is such that you should not be required to seek employment outside the home. (This is increasingly rare; courts generally expect parents to work unless the child is very young or disabled).
4. Contribution to Spouse’s Career: You contributed to the educational opportunities of your spouse (e.g., you worked two jobs while they went to law school).
5. Long Marriage + Age: The marriage was of long duration, and you are of an age that may preclude the possibility of gaining adequate employment.

Step 2: The 2026 Guidelines and Calculator

If you pass the eligibility gate, the court now relies heavily on the Spousal Maintenance Guidelines (SMG) and the associated calculator.

Key Changes Effective for 2026

Recent updates, including those effective from September 2025, have shifted the math in favor of the paying spouse in several ways.

• Mortgage Principal Exclusion: In the past, the budget for the receiving spouse included their entire mortgage payment. Now, the principal portion of the mortgage payment is often excluded from the “needs” calculation. The logic is that paying down principal is building an asset (equity), not just paying an expense. This reduces the demonstrated “need” and often lowers the maintenance award.
• High-Income Caps: The guidelines have adjusted the “High-Income Adjustment.” It now applies to combined incomes over $175,000. The cap on how much income can be considered for maintenance has been tightened (capped at a 70% increase instead of 80%). This means for very wealthy couples, the maintenance award might be lower than in previous years relative to income.
• Duration Extension for Long Marriages: On the flip side, for marriages lasting over 16 years (that don’t meet the “Rule of 65”), the guidelines now allow for a longer duration of support—up to 12 years or 50% of the marriage length.

The “Rule of 65”

This is a critical concept for older couples. If the age of the receiving spouse PLUS the duration of the marriage equals 65 or more, the guidelines suggest that self-sufficiency might effectively be impossible. In these cases, the court may order “indefinite” maintenance (meaning it has no set end date, though it can still be modified upon retirement or remarriage).

Example: A 50-year-old spouse married for 15 years (50 + 15 = 65) might qualify for indefinite support. Learn more about the Rule of 65.

Tax Implications

It is vital to remember the “Trump Tax Cuts” (Tax Cuts and Jobs Act of 2017). For all divorce decrees finalized after December 31, 2018, spousal maintenance is NOT tax-deductible for the payer and is NOT taxable income for the receiver. This is a massive shift from the old rules.

• For the Payer: You pay taxes on your income then pay alimony. It is more expensive for you.
• For the Receiver: The check you get is tax-free.
• Note: The guidelines calculator for 2026 accounts for this tax reality.

The Path Forward: Choosing Clarity Over Conflict

Given the complexity and highly discretionary nature of Arizona’s 2026 Spousal Maintenance Guidelines—especially with new factors like the Mortgage Principal Exclusion and the nuances of the “Rule of 65″—a litigated court battle is often unpredictable, costly, and emotionally draining. Mediation offers a superior path by empowering you and your spouse to craft a customized, forward-looking agreement outside of court. Mediation is confidential, less adversarial, and allows for creative, mutually beneficial solutions that a judge simply cannot order. To explore how mediation can bring certainty and control to your divorce, the professionals at Aurit Mediation offer a free, confidential online consultation. You can book your complimentary 30-minute session to get your questions answered and start your journey toward a peaceful resolution.