Arizona
Arizona Spousal Maintenance (Alimony) Laws: The 2023 Guidelines (2026)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. How we verify our legal content
Arizona uses the term "spousal maintenance" rather than alimony. Courts apply a two-step process: first determining whether a spouse qualifies under A.R.S. section 25-319(A), then using the Arizona Spousal Maintenance Guidelines to produce a calculated range for both the monthly amount and the duration of payments.
Information last verified on June 1, 2026.
Estimate your situation: Try our free Arizona alimony calculator to estimate spousal support and see the factors a Arizona court weighs.
What is spousal maintenance in Arizona?
Spousal maintenance is the Arizona legal term for what most people call alimony or spousal support. It is a court-ordered payment from one former spouse to the other after a divorce or legal separation.
Arizona does not recognize a right to permanent alimony as a default. The stated purpose under A.R.S. section 25-319(B) is to award maintenance only for the period of time and in the amount necessary to enable the receiving spouse to become self-sufficient.
The law changed significantly when the Arizona Legislature passed SB 1383 in the 55th Legislature, 2nd Regular Session. That law amended A.R.S. section 25-319 effective September 24, 2022, directing the Arizona Supreme Court to establish guidelines that courts must follow when deciding maintenance amount and duration. Those guidelines were formally adopted under Administrative Order 2023-119 on July 3, 2023, with an effective date of July 10, 2023. A revised set of guidelines took effect September 1, 2025 under Administrative Order 2025-101.
The guidelines apply to all cases filed on or after September 24, 2022, including both original orders and modifications of earlier orders entered on or after September 1, 2025.
Step one: who is eligible (the A.R.S. 25-319(A) criteria)
Before a court reaches the guidelines calculation, it must first find that the requesting spouse meets at least one of the eligibility grounds in A.R.S. section 25-319(A). A court may award spousal maintenance only if the spouse seeking maintenance:
- Lacks sufficient property to provide for that spouse's reasonable needs, including property apportioned to the spouse in the divorce; or
- Is unable to be self-sufficient through appropriate employment, or lacks earning ability in the labor market adequate to be self-sufficient; or
- Is the parent of a child whose age or condition is such that the parent should not be required to seek employment outside the home; or
- Has made a significant financial or other contribution to the education, training, vocational skills, career, or earning ability of the other spouse, or has significantly reduced that spouse's own income or career opportunities for the benefit of the other spouse; or
- Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient.
If the requesting spouse does not satisfy at least one of these grounds, the court cannot award maintenance regardless of the financial disparity between the parties. Meeting one ground is the threshold; the court does not weigh the grounds against each other at this stage.
Step two: the 2023 spousal maintenance guidelines (amount and duration ranges)
Once the court determines that the eligibility threshold is met, it proceeds to calculate the guideline range using the Arizona Spousal Maintenance Calculator, which is maintained by the Arizona Supreme Court.
How the amount is calculated
The calculator uses each party's Spousal Maintenance Income, a figure derived from gross income from all sources before deductions. If a party is voluntarily underemployed or unemployed without good cause, the court may attribute income based on that person's earning capacity, work history, education, and the available job market.
The calculator produces a monthly range rather than a single dollar figure. The amount reflects each spouse's proportional share of the combined household expenditures, based on data from the Bureau of Labor Statistics Consumer Expenditure Survey. As of the September 2025 revision, the high-income adjustment threshold increased from $100,000 to $175,000 in household income, and the maximum adjustment dropped from 80 percent to 70 percent, generally resulting in lower awards in high-income cases compared to the 2023 version of the guidelines.
How duration is calculated
Duration is expressed as a range based on the length of the marriage. As a general framework under the revised guidelines:
- Marriages under 2 years: maintenance duration up to approximately 12 months
- Marriages of 2 to 5 years: up to approximately 3 years
- Marriages of 5 to 10 years: up to approximately 4 years
- Marriages of 10 to 16 years: up to approximately 5 years
- Marriages of 16 years or more: up to 12 years or 50 percent of the length of the marriage, whichever is greater (increased from the prior 8-year cap by the 2025 revision)
The Rule of 65
Arizona's guidelines include a provision sometimes called the Rule of 65. When the receiving spouse is over age 42, the marriage lasted more than 16 years, and the sum of the receiving spouse's age plus the number of years married equals 65 or more, the court has greater discretion to extend maintenance duration beyond the standard range, including in some long-term cases potentially indefinite support when the spouse cannot realistically become self-sufficient.
Deviation from the guidelines
The amount produced by the guidelines calculator is presumptively the correct award. Under A.R.S. section 25-319(B), a court may deviate from that amount only if it finds in writing that applying the guidelines would be inappropriate or unjust. The written findings requirement is meaningful: the court cannot simply substitute its own judgment without explanation.
The 13 statutory factors that inform both the guidelines and any deviation analysis include the standard of living established during the marriage, the length of the marriage, the age and employability of the receiving spouse, the financial resources of each party, each party's contribution to the earning ability of the other, the time needed for the receiving spouse to acquire education or job training, the comparative financial resources of both spouses, and any destruction of community property.
How long maintenance lasts and when it ends
Fixed-term awards
Most Arizona maintenance orders set a specific end date consistent with the guideline duration range. The award is designed to give the receiving spouse time to become self-sufficient, not to equalize incomes indefinitely.
Automatic termination
Under A.R.S. section 25-327(B), the obligation to pay future maintenance terminates automatically on the death of either party or the remarriage of the receiving spouse, unless the decree expressly provides otherwise in writing.
Cohabitation
Arizona statutes do not create an automatic termination trigger for cohabitation the way some other states do. However, parties may include a cohabitation clause in their settlement agreement, and the payer may petition for modification based on changed circumstances if the recipient's financial situation has improved as a result of cohabitation.
Modification
Either party may petition the court to modify the amount or duration of maintenance. Under A.R.S. section 25-327(A), the requesting party must demonstrate changed circumstances that are substantial and continuing. Minor fluctuations in income generally do not meet this standard. A modification takes effect on the first day of the month following notice of the petition unless the court orders an earlier date, but not before the filing date.
If both parties agree at the time of the divorce, they may include a provision in the decree stating that maintenance terms cannot be modified. Under A.R.S. section 25-319(D), such an agreement is enforceable and strips the court of jurisdiction to alter the amount or duration.
Continuing jurisdiction
Under A.R.S. section 25-319(E), the court retains continuing jurisdiction over maintenance throughout the entire award period unless the parties have contractually eliminated that jurisdiction by agreeing the order is non-modifiable.
Is alimony taxable, and how it differs from Arizona child support
Federal tax treatment
The Tax Cuts and Jobs Act of 2017 changed the federal tax treatment of spousal maintenance for agreements executed after December 31, 2018. For all Arizona divorces and separation agreements finalized on or after January 1, 2019, spousal maintenance payments are:
- Not deductible from the payer's federal taxable income
- Not included in the recipient's federal gross income
This is the opposite of the pre-2019 rule, under which payments were deductible for the payer and taxable to the recipient. Agreements finalized before January 1, 2019, remain governed by the old rules unless the parties modify the agreement and expressly adopt TCJA treatment. The IRS addresses these rules under Topic No. 452. Parties should consult a tax professional about their specific situation.
Differences from child support
Child support and spousal maintenance are separate obligations in Arizona and are calculated independently.
Child support in Arizona is calculated under the Arizona Child Support Guidelines (A.R.S. section 25-320 and the accompanying guidelines), which use a statewide schedule based on both parents' incomes and parenting time. Child support is not deductible and not taxable income under current federal law, consistent with spousal maintenance post-2018.
Unlike spousal maintenance, child support is an obligation that runs to the benefit of the child, not the former spouse. It does not end on the recipient parent's remarriage, and a step-parent's income generally does not offset a biological parent's child support obligation in Arizona.
Learn more at Arizona child support laws.
For a state-by-state overview, see Alimony laws by state.
Disclaimer: This page provides general legal information about Arizona spousal maintenance law and is not legal advice. Spousal maintenance determinations are fact-specific and depend on individual circumstances. Consult a licensed Arizona family law attorney for advice about your situation.
Last updated: June 1, 2026.
More Arizona Laws
Frequently Asked Questions
What is the difference between alimony and spousal maintenance in Arizona?
There is no legal difference. Arizona uses the term spousal maintenance in its statutes (A.R.S. section 25-319). Alimony and spousal support are informal synonyms for the same court-ordered payment.
How does a court decide the amount of spousal maintenance in Arizona?
After finding a spouse eligible under A.R.S. 25-319(A), the court applies the Arizona Spousal Maintenance Guidelines calculator. The calculator uses each party's gross income and the length of the marriage to produce a dollar range. The court must order an amount within that range unless it finds in writing that the guidelines result would be inappropriate or unjust.
Does Arizona allow permanent alimony?
Arizona does not award permanent alimony as a routine matter. The stated statutory purpose is to award maintenance only for the period necessary to enable the receiving spouse to become self-sufficient. In very long marriages where the receiving spouse cannot realistically become self-sufficient due to age or disability, a court may award a longer duration under the Rule of 65 or on deviation findings, but this is not a standard outcome.
When does spousal maintenance end in Arizona?
Maintenance ends on the expiration date set in the decree. Under A.R.S. 25-327(B), it also terminates automatically on the death of either party or the remarriage of the recipient unless the decree states otherwise. The parties may petition for modification based on a substantial and continuing change in circumstances.
Do the 2023 spousal maintenance guidelines apply to my case?
The guidelines apply to any divorce petition filed on or after September 24, 2022. The revised guidelines effective September 1, 2025 apply to all maintenance orders, including modifications, entered on or after that date. Cases filed before September 24, 2022 were decided under the prior fully discretionary standard.
Is spousal maintenance taxable in Arizona divorces?
For divorce or separation agreements executed after December 31, 2018, federal law (the Tax Cuts and Jobs Act) makes spousal maintenance neither deductible for the payer nor taxable income for the recipient. Agreements from 2018 or earlier may still follow the old deductible/taxable rules. Arizona state income tax generally follows federal treatment. Consult a tax professional for your specific facts.
Can spousal maintenance be modified after it is ordered?
Yes, unless the parties agreed in the decree that it cannot be modified. To modify a maintenance order under A.R.S. 25-327(A), the requesting party must show changed circumstances that are substantial and continuing. A modification takes effect the first day of the month after the other party receives notice of the petition.
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Updates
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The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Arizona Revised Statutes, Title 25 (Marital and Domestic Relations), Chapter 3 (DISSOLUTION OF MARRIAGE), Article 2 (Dissolution of Marriage)
§ 25-319Maintenance; guidelines; computation factorsIn forcecited in 3 of our articles
A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance: 1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs. 2. Lacks earning ability in the labor market that is adequate to be self-sufficient. 3. Is the parent of a child whose age or condition is such that the parent should not be required to seek employment outside the home. 4. Has made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse or has significantly reduced that spouse's income or career opportunities for the benefit of the other spouse. 5. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient. B. The supreme court shall establish guidelines for determining and awarding spousal maintenance.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 216 court opinionsMost recently applied by a court: 2026
Leading cases:
- Marriage of Gutierrez v. Gutierrez (Court of Appeals of Arizona 1998, 193 Ariz. 343)“…r the trial court properly considered the factors listed in A.R.S. § 25-319(B).” Id. ¶ 16 The tria…”
- Cullum v. Cullum (Court of Appeals of Arizona 2007, 215 Ariz. 352)“…not err in using the Guidelines’ factors consistently with A.R.S. section 25-319 and we affirm. 1 FACTU…”
- Neal v. Neal (Arizona Supreme Court 1977, 116 Ariz. 590)“…whether the prerequisites for spousal maintenance were met. A.R.S. § 25-319(A) prescribes the necessary elements:…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alimony by State: How Spousal Support Works (2026), Common Law Marriage in Arizona: Is It Recognized? (2026)
§ 25-327Modification and termination of provisions for maintenance, support and property dispositionIn force
A. Except as otherwise provided in section 25-317, subsections F and G, the provisions of any decree respecting maintenance or support may be modified or terminated only on a showing of changed circumstances that are substantial and continuing except as to any amount that may have accrued as an arrearage before the date of notice of the motion or order to show cause to modify or terminate. The addition of health insurance coverage as defined in section 25-531 or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstance. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state. Modifications and terminations are effective on the first day of the month following notice of the petition for modification or termination unless the court, for good cause shown, orders the change to become effective at a different date but not earlier than the date of filing the petition for modification or termination. B.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 186 court opinionsMost recently applied by a court: 2026
Leading cases:
- Marriage of MacMillan v. Schwartz (Court of Appeals of Arizona 2011, 226 Ariz. 584)“…changed circumstances that are substantial and continuing.” A.R.S. § 25-327(A) (2007). “The changed circumstances a…”
- Edsall v. SUPER. CT. IN & FOR COUNTY OF PIMA (Arizona Supreme Court 1984, 143 Ariz. 240)“…otwithstanding res judicata principles. A.R.S. § 25-327(A) expressly allows property dispositio…”
- Lindsay v. Lindsay (Court of Appeals of Arizona 1977, 115 Ariz. 322)“…e statutory language contained in the amended provisions of A.R.S. § 25-327 governing the modification of post-1973…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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