Can You Modify or Terminate Alimony Early in Arizona
Early Modification or Termination of Alimony in Arizona
The simple answer is yes.
Either party may seek to modify spousal maintenance or terminate spousal maintenance early in Arizona if the person can demonstrate there has been a substantial and continuing change in circumstances that warrant a modification or termination of spousal maintenance.
The modification of spousal maintenance, however, may depend upon whether alimony was awarded by a judge after a trial or was based upon an agreement of the parties.
For example, a written agreement to pay alimony that is “incorporated but not merged” with the Decree of Dissolution of Marriage may impact the determination whether the alimony may be modified based upon the written “contract” reached by the parties.
You may want to read our summary of the Arizona Court of Appeals’ decision in the MacMillan v. Schwartz case that discusses this situation.
Circumstances that May Justify Modifying or Terminating Alimony Early
You should read our article regarding the Van Dyke v. Steinle case on whether a former spouse who receives alimony from her former husband and later moves in with a love interest constitutes a basis to modify alimony in Arizona.
Van Dyke v. Steinle | Modification of Alimony in Arizona
When alimony is awarded in Arizona, it can be difficult to terminate the alimony award.
In most cases, it is not possible to terminate alimony payments.
However, there are a few instances where alimony may be terminated or modified in your case.
For example, if the party receiving alimony decides to get remarried, the Arizona court has a legal obligation to terminate any remaining alimony payments, unless both parties agreed in the alimony order that the remarriage of the spouse receiving the alimony payments would not have those payments terminated upon remarriage.
A de facto marriage (a non-legalized marriage that assumes a couple is married by virtue of their cohabitation) may, however, constitute a basis for modifying or terminating alimony in Arizona.
The court will evaluate whether the person receiving alimony payments has reduced his or her monthly living expenses by sharing those expenses with a new love interest by virtue of living together.
If you have questions about if you can modify or terminate alimony early in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona spousal maintenance and family law attorneys have over 100 years of combined experience successfully representing clients in spousal maintenance and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your spousal maintenance or family law case around today.
Other Articles About Spousal Maintenance in Arizona
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- WHAT IS NON-MODIFIABLE SPOUSAL SUPPORT IN ARIZONA
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- THE PROBLEM WITH ONLINE ARIZONA ALIMONY CALCULATORS
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- DENIAL OF SPOUSAL SUPPORT AS A SANCTION IN AN ARIZONA DIVORCE
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- EFFECT OF MERGER ON MODIFICATION OF ALIMONY IN ARIZONA
- THE EFFECT OF THE 2017 TAX BILL ON DIVORCE IN ARIZONA
- EFFECT OF CDRP PAY ON ALIMONY IN ARIZONA
- TERMINATION OF ALIMONY ON REMARRIAGE IN ARIZONA
- THE EFFECT OF A MILITARY DISABILITY ON ALIMONY IN ARIZONA
- CAN VA DISABILITY BENEFITS BE USED TO PAY ALIMONY IN ARIZONA
- STATUTE OF LIMITATIONS ON ALIMONY IN ARIZONA
- AMBIGUOUS ALIMONY TERMS IN AN ARIZONA DIVORCE DECREE
- CIRCUMSTANCES TO MODIFY ALIMONY IN ARIZONA
- NOT SUPPORTING YOURSELF WILL NOT EXTEND ALIMONY IN ARIZONA
- WAIVING SPOUSAL MAINTENANCE IN A PRENUPTIAL AGREEMENT IN ARIZONA
- EFFECT OF SHARING LIVING EXPENSES ON ALIMONY IN ARIZONA
- EFFECT OF THE DIVISION OF PROPERTY ON ALIMONY IN ARIZONA
- AN ALIMONY AGREEMENT MAY AFFECT MODIFICATION OF ALIMONY IN ARIZONA
- CATEGORIES OF ALIMONY IN ARIZONA
- DEFENSES TO NON-MODIFIABLE SPOUSAL MAINTENANCE IN ARIZONA
- WHEN DOES ALIMONY TERMINATE ON REMARRIAGE IN ARIZONA
- DATE FOR CHANGE IN CIRCUMSTANCES TO MODIFY ALIMONY IN ARIZONA
- WAIVER OF SPOUSAL MAINTENANCE IN ARIZONA
- EFFECT OF WORKING OVERTIME ON ALIMONY IN ARIZONA
- ATTRIBUTING INCOME FOR SPOUSAL SUPPORT IN ARIZONA
- ARIZONA SPOUSAL MAINTENANCE LAWS
Chris Hildebrand wrote the information on this page about modifying or terminating alimony earl in Arizona to ensure everyone has access to information about the divorce process 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.