Does Alimony Terminate Upon Remarriage in Arizona?
The applicable statute provides that alimony in Arizona automatically terminates upon the death of either party or the remarriage of the spouse receiving the alimony. However, you may reach a written agreement expressly providing that alimony in Arizona will not terminate upon either the death of the person paying spousal maintenance or the remarriage of the spouse receiving the alimony.
The Arizona Court of Appeals in the case of Palmer v. Palmer addressed whether an agreement for alimony to be non-modifiable prevented the paying spouse from terminating maintenance early because the receiving spouse remarried. The wife in the Palmer case argued that the language making the alimony non-modifiable and the omission of language stating alimony would terminate upon remarriage established the parties intended the maintenance to continue even if she remarried.
The Arizona Court of Appeals disagreed and found that omission of language in an alimony order that the alimony will terminate upon remarriage does not meet the requirement that the parties’ intended to continue maintenance. This is true, even upon remarriage, be “expressly” stated in the support order; otherwise, it terminates upon remarriage of the receiving spouse or the death of either party.
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Contact us today or call us at (480)947-4339 to schedule your consultation with one of our Scottsdale and Phoenix Arizona Spousal Maintenance Attorneys today regarding any questions you have regarding Arizona spousal maintenance laws or any other family law matter.