Can You Agree to Non-Modifiable Alimony in Arizona?
Agreeing to Non-Modifiable Alimony in Arizona
Some people ask can you agree to non-modifiable alimony in Arizona? Alimony may be non-modifiable in Arizona if both parties agree in writing for the alimony to be non-modifiable. Both parties must agree the spousal maintenance order is non-modifiable.
Since spousal maintenance terminates upon the death or either party or the remarriage of the spouse receiving the alimony automatically by law, any agreement regarding alimony being non-modifiable should address whether the parties intend to terminate spousal maintenance early upon the death of either party or remarriage of the party receiving the alimony.
Court’s will almost always refuse to modify a non-modifiable award of alimony. However, for every rule, there is almost always an exception. The Arizona Court of Appeals in the McNeil v. Hoskyns case approved a trial judge’s decision to terminate early a non-modifiable award of alimony after finding the spouse who was receiving the alimony committed a fraud on the court at the time the alimony award was entered.
Call the experienced Scottsdale and Phoenix Arizona alimony attorneys at (480)305-8300 at Hildebrand Law, PC to learn more about adopting a child in Arizona.
Chris Hildebrand wrote this article about modifying alimony in Arizona to ensure everyone has access to information about alimony in Arizona. Chris is a family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through an alimony case should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through.