Can Alimony Be Modified in Arizona?
Arizona alimony, also known as spousal maintenance, can be modified. There is one important caveat to this: if you and your ex-spouse agreed in your settlement agreement that spousal support would be non-modifiable. If the term “non-modifiable” is in your agreement, then the court is without jurisdiction to modify or change the ordered spousal support amount. Assuming no such wording is in your court order or divorce judgment, you and your ex-spouse can agree to modify or even terminate spousal support whenever you wish, but a modification of spousal maintenance in Arizona typically takes place when there has been a substantial and continuing change in circumstances. Common examples of material changes include decreased income or job loss for the paying spouse or increased earning capacity for the recipient spouse. Spousal maintenance terminates automatically on the death of the spouse receiving support and if the supported spouse remarries.
At Shaffer Family Law, we understand that income and life circumstances change after divorce—sometimes for the better, but sometimes for the worse. A spousal maintenance award that seemed reasonable at the time of divorce may become impractical or impossible to continue. We have handled hundreds of Arizona divorces, many of which have involved spousal maintenance awards or modifications. We can help you understand the law of Arizona spousal maintenance modification and how it applies to the facts of your case, so you can decide whether pursuing a modification is worthwhile.
How do Arizona Courts determine spousal maintenance?
Calculating spousal maintenance is complex and very case-specific. A spousal maintenance award is not based on detailed, specific guidelines like child support. Rather, the attorneys and court often must take an in depth look into the parties’ actual incomes and available assets, the marital standard of living, and other elements of the property division.
If determining spousal maintenance sounds complicated, that’s because it is. But it’s not impossible, and your best options can be made clearer with the help of an experienced attorney. At Shaffer Family Law, we have the benefit of years of experience offering honest and aggressive advocacy in both seeking financial support and defending spouses who are ordered to pay support. We know what factors to consider and what kind of arrangements are often considered equitable by Arizona courts. We also believe that the best divorce attorneys don’t go it alone when financial complexities are involved: when appropriate, we will work with professional appraisers, accountants, and actuaries to evaluate your situation.