Calculation
Arizona: Educational approximation of Arizona's guideline range using a conservative income-disparity proxy: 20% of the difference between payer spousal-maintenance income and recipient spousal-maintenance income, adjusted for marriage length and self-sufficiency factors. New York: New York uses statutory guideline formulas for temporary and post-divorce maintenance on the payor's income up to the statutory income cap. The formulas are presumptive guideline calculations, but courts may adjust or deviate if the guideline amount is unjust or inappropriate after considering statutory factors. Maintenance above the income cap is discretionary.
Duration
Arizona: Arizona guideline duration is tied to marriage length and self-sufficiency. Standard ranges are: under 24 months of marriage, 3-12 months; 24 to under 60 months, 6-36 months; 60 to under 120 months, 6-48 months; 120 to under 192 months, 12-60 months; and 192 months or more, 12-144 months or 50% of the marriage length, whichever is greater, unless the Rule of 65, disability, or extraordinary circumstances apply. The Rule of 65 applies when the requesting spouse is at least 42, the marriage lasted at least 16 years, and age plus marriage length equals or exceeds 65; in those cases duration is determined case-by-case. New York: New York uses a nonmandatory advisory duration schedule for post-divorce maintenance. For marriages up to and including 15 years, guideline duration is generally 15% to 30% of the marriage length. For marriages over 15 years and up to 20 years, guideline duration is generally 30% to 40% of the marriage length. For marriages over 20 years, guideline duration is generally 35% to 50% of the marriage length. Temporary maintenance lasts only while the divorce case is pending.
Modification
Arizona: Spousal maintenance may generally be modified upon a substantial and continuing change in circumstances unless the decree expressly makes maintenance non-modifiable. Courts review changes affecting need, income, employability, or ability to pay. New York: Maintenance orders may be modified when statutory standards for modification are satisfied, including qualifying changes in circumstances. Separation agreements and judgments may contain additional provisions affecting modification rights.