These apply to divorces filed after July 10, 2023.

Spousal support, formerly known as alimony, is intended to help low-income and financially dependent spouses leave their marriages more smoothly. increase.

“Spousal support has always been in place to ease the burden of separation,” said Judge Elaine Friedlund-Horn. “In the old days, one parent was the main breadwinner and the other stayed at home to take care of household chores, children, etc.”

She has been a judge for over 16 years and currently presides over the Fourth Division of the Coconino County Superior Court, handling Unified Family Court cases. Prior to that, she practiced family law.

“When both parties separated, it was very painful financially for those who failed to pursue a career. It was meant to be,” she said.

Under the new law, the purpose of spousal maintenance is further specified. From now on, the benefit will only be awarded “for the period and amount necessary to enable the recipient spouse to become self-sufficient.”

Fridlund-Horn said achieving self-sufficiency seems to be a little different for each person eligible for spousal support.

For example, they face different barriers. As a result, the duration and amount of prizes always vary greatly.

“You can see the variability in the orders, which means you’ve been married for 10 years here in Flagstaff and 1 year in Maricopa County. Yes, there was a big gap, and I think the guidelines are designed to be more uniform,” said Fridlund-Horn.

The new guidelines were developed by the state-established Spousal Retention Guidelines Subcommittee. The committee studied over 900 pages of U.S. and Canadian statutes, Bureau of Labor Statistics research, and the Sims methodology “coverage” process for determining spousal retention bonuses. They also reviewed over 18 public comments received from City Hall and online forums.

The subcommittee concluded by devising a calculator, a standardized tool that judges are obliged to use to set the amount and period of payment.

“There have been calculators for years and years when it comes to child support. People are used to paying their children,” Fridlund-Horn said.

Child support and spousal support differ in several key ways that cause concern for some judges.

“People aren’t really used to paying for ex-spouses. There’s a lot of backlash. I think what the guidelines are trying to admit is real. There is a reality of having the ability to build the future and continue it.Those who don’t need to catch up, or at least try to catch up.This calculator needs to pay more It’s designed to recognize that there are periods,” Fridlund Horn said.

Based on the spouses’ respective income, length of marriage, and financial burden, the calculator produces a time and payout range that a judge can use to determine the award. There are exceptions for adults over the age of 65 and those facing a permanent or temporary disability.

While the Arizona Supreme Court’s enactment of new guidelines may make spousal benefit outcomes more predictable, it also removes some discretion from judges statewide.

“Do you like the guidelines? As a judge, I think judges like to have discretion,” said Fridlund-Horn.

The new rules could also change how spousal maintenance cases are litigated. Fridlund-Horn says it’s generally very clear when her spouse will be eligible for help from her ex-partner after a divorce. Now she’s worried it might get vague.

“From a judicial perspective, we can always see lawsuits that require spousal support, and the parties are always told, ‘Look, this is a spousal maintenance lawsuit. Let’s talk.’ Let’s talk about what’s realistic,” she said. “[In the past] The dispute was over the amount and duration. Here the amount and duration are set by the calculator. Then just plug in the numbers. From now on the controversy revolves around whether they are eligible. We expect to see more lawsuits on this subject, which is very heartbreaking. Because now we have professionals. Disparities in property division…just more front-end fights. “

The guidelines are still very new, and judges like Fridlund-Horn are not yet expected to use calculators much.

A re-evaluation is underway. Beginning October 1, 2024, the Family Court Improvement Committee will review the guidelines and make further recommendations as necessary.

The Family Court Improvement Commission has until March 31, 2025 to report its findings to the Arizona Supreme Court. The guidelines will then be reviewed every four years to ensure they are still appropriate.

Fridlund-Horn said the child support calculator would also be subject to a four-year review.

“It will be interesting to see how that plays out. I think the goal of Congress was to have more continuity across the state rather than a big disparity. If you go in front of a member it was totally unpredictable whether it would go higher or lower or win a prize it was not predictable anything now it should be more predictable ‘ she said. “We didn’t ask for it, but it’s here. Like anything else, we have to adapt.”