Committee adopts amendment and advances bill capping spousal maintenance at four years
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Summary
SB1049, which modifies spousal maintenance rules and emphasizes eligibility thresholds, was amended to limit maintenance duration to four years and received a due‑pass recommendation after testimony from the Arizona Judicial Council and family‑law practitioners.
Sponsor presented SB1049 to revise how courts calculate spousal maintenance and to limit duration. The committee considered a three‑page amendment (Rogers amendment) that specified a four‑year cap on maintenance duration, changes to the factors the court should consider and clarifications that guidelines apply only after a finding of statutory eligibility. Liana Garcia of the Arizona Judicial Council described the data‑driven spousal maintenance calculator developed after 2022 and the council’s 144‑page report covering 2022–2025 data, but she said the four‑year figure was not a direct product of the council's analysis and appeared to be a legislative policy choice.
Keith Berkshire, a seasoned family‑law appellate attorney, described how guidelines interact with eligibility and urged statutory clarity on assets and income thresholds. Committee members raised concerns about arbitrary caps and context‑sensitive cases (long marriages, disability, house‑rich/cash‑poor scenarios); sponsors and amendment authors said courts retain discretion under eligibility findings and the amendment aims to bring consistency to awards.
The Rogers amendment was adopted by voice vote and the amended bill received a due‑pass recommendation (4 ayes, 2 noes, 1 not voting). Sponsors said they would follow up with staff to provide additional background and technical clarifications.
