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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- ARIZONA ALIMONY AND SPOUSAL MAINTENANCE LAWS
- ATTRIBUTING INCOME FOR SPOUSAL SUPPORT IN ARIZONA
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