DiMaggio Law Office - BlogHeader - Rule 65

In Arizona, spousal maintenance, commonly known as alimony, is a crucial aspect of divorce proceedings. The Rule of 65 provides a guideline for determining the duration of spousal maintenance payments. Under this rule, the length of time that spousal maintenance is awarded is generally linked to the duration of the marriage. Specifically, for marriages lasting less than 20 years, the formula suggests that the maintenance period should not exceed half the length of the marriage. This structured approach aims to provide clarity and predictability in spousal maintenance cases while considering the financial needs of the lower-earning spouse.

What else is considered?

For marriages that last 20 years or more, the Rule of 65 does not impose a strict limit on the duration of spousal maintenance. Instead, the court may award maintenance for an indefinite period, allowing for flexibility based on the unique circumstances of the case. Factors considered include the recipient spouse’s ability to support themselves, the standard of living established during the marriage, and any contributions made by the recipient spouse to the marriage, including homemaking and child-rearing. This provision acknowledges that long-term marriages often create higher expectations for financial support and stability.

The Rule of 65 also emphasizes the importance of good faith efforts by the recipient spouse to achieve financial independence. Arizona courts encourage recipients to pursue education, training, or employment to improve their financial situation. Failure to make reasonable efforts to seek employment or enhance skills may result in a modification or termination of spousal maintenance. The rule’s intention is to balance the need for support with the principle of self-sufficiency, ensuring that maintenance is not awarded indefinitely without justification.

What else should I know?

Ultimately, the Rule of 65 serves as a guideline rather than a rigid framework, allowing Arizona courts to exercise discretion based on individual circumstances. While it provides a starting point for determining the duration of spousal maintenance, judges take into account a variety of factors that can influence the final decision. As such, understanding this rule is essential for individuals navigating the complexities of divorce and spousal maintenance in Arizona, ensuring that both parties are aware of their rights and obligations.