“The Rule of 65” for Spousal Maintenance in Arizona

Divorce is a legal process and can be an emotional journey. This article is a compassionate resource to help you understand a specific part of Arizona divorce law so you can feel more in control and less overwhelmed.  

A Quick Look at “Rule 65”

It’s easy to get confused by the term “Rule 65” in Arizona. That’s because it has two very different meanings.  

Rule 65 of the Arizona Rules of Family Law Procedure deals with temporary restraining orders and injunctions. These are court orders used to prevent “immediate and irreparable injury, loss, or damage” to a person or their property. For example, a judge might issue a Rule 65 injunction to stop a spouse from selling assets while the divorce is being finalized.  

But the term you’ll often hear people talk about—“The Rule of 65”—is not a formal rule but a common guideline for spousal maintenance, which is also known as alimony or spousal support. Think of it like this: “Rule 65” is the official name for a specific legal process, while “The Rule of 65” is a simple nickname for a way to figure out how long alimony might last.  

What is “The Rule of 65” for Spousal Support?

In Arizona, courts generally prefer spousal maintenance payments to be “rehabilitative.” Meaning that spousal support is intended to help one spouse become financially independent and “self-sufficient”. The payments are for a set period of time, giving the person time to get back on their feet.  

However, “The Rule of 65” is a special guideline that applies to longer marriages and can change how long payments last. This guideline comes into play when the age of the person who is asking for support, plus the number of years they were married, adds up to 65 or more. For this to apply, the person seeking support must be at least 42 years old, and the marriage must have lasted at least 16 years. When these conditions are met, a judge may award spousal maintenance outside of the duration range provided by the Spousal Maintenance Calculator if they determine it would be fitting in that particular case.

The purpose of this guideline is to recognize that it can be much harder for someone in a long-term marriage to re-enter the workforce and become self-sufficient. For marriages that have lasted 20 years or more, the guideline does not set a firm limit on how long spousal maintenance can be awarded, giving the court the flexibility to order payments for an indefinite period.  

Here is a simple way to look at it:

Condition	What It Means
Recipient’s Age	The spouse seeking support must be at least 42 years old.
Marriage Length	The marriage must have lasted for at least 16 years.
The “65” Rule	The recipient’s age plus the length of the marriage must be 65 or more.

It’s important to remember that this is a guideline, not a hard-and-fast rule. A judge will still look at all the details of a case before making a final decision. It is also important to remember that in mediation, you and your spouse stay in control of all agreements and are not held to spousal maintenance calculations or guidelines. 

Spousal Maintenance Factors

Many other factors can come into play when determining spousal maintenance. In divorce mediation, spouses work together with a neutral mediator to reach their own agreements. This approach allows them to stay in control of all agreements and is not strictly bound by spousal maintenance calculations or guidelines that a court might use. Mediation offers a healthier, less confrontational way to make decisions and gives both spouses more control over the outcome than going to court.

Whether you choose to have a judge make decisions for you in court or to reach your own agreements in mediation, other spousal maintenance factors might include: 

• The standard of living during the marriage. The lifestyle you and your spouse had can be used to determine “reasonable needs”.  
• The earning ability and financial resources of both spouses. The income and skills of the person asking for support, as well as the other spouse’s ability to pay. This includes looking at education, work experience, and potential for future jobs.  
• The length of the marriage. For marriages that last less than 20 years, the support period is historically limited to no more than half the length of the marriage, unless the “Rule of 65” or a permanent disability applies. Again, this is not a hard and fast rule, but is typically true.
• The contributions of the spouse seeking support. If one person gave up their career to take care of the home or raise children, it can be seen as a valid reason for support.  

It’s also important to know that a prenuptial agreement can affect spousal maintenance, as it can set how long payments last or even eliminate them.  

Your Path Forward: Practical Steps

Navigating a divorce isn’t just about the law; it’s about making smart choices for your future. While the legal process can be complex, there are compassionate ways to find solutions.  

One of the most helpful options is mediation. In mediation, a neutral expert (your mediator) helps you and your spouse talk through issues and reach your own agreements. It’s less stressful and gives you both more control than going to court.  

To make these conversations easier, your mediator will help you communicate in a way that brings you toward agreement instead of pushing you into conflict. The focus shifts from blame to working as a team.  

A Simple Summary

• In Arizona, “Rule 65” is a legal procedure for temporary court orders, while “The Rule of 65” is a guideline for spousal support.  
• The spousal support guideline applies when the age of the person seeking support plus the length of the marriage equals or is more than 65, and they are at least 42 years old.  
• Even if the guideline applies, a judge will still consider other factors, like your standard of living and your ability to earn a living. In mediation, you make the decisions, not a judge.
• Mediation is a simpler, healthier way to make decisions about divorce and gives you more control over the outcome than going to court.  

Navigating a divorce isn’t just about the law; it’s about making smart choices for your future. While the legal process can be complex, there are compassionate ways to find solutions. Exploring options like mediation is crucial, as it offers a less stressful and more controlled approach than going to court. In mediation, your mediator will help you and your spouse talk through issues and reach your own agreements, empowering you both to shape your future.