Can You Agree to Non-Modifiable Alimony in Arizona?
Agreeing 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.
Contact Our Scottsdale Arizona Alimony Attorneys
Contact us today or call us at (480) 305-8300 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.