Divorce is a difficult and emotional process, particularly when it comes to matters of spousal support and alimony. Often, divorcing couples will come to an agreement on the amount and duration of alimony payments in their divorce settlement. However, life circumstances and financial situations can change drastically over time, necessitating modifications to these agreements. In Arizona, there are several circumstances in which modifications to divorce agreements can be made, specifically in regards to alimony payments.
What is Alimony?
Alimony is a court-ordered payment made by one spouse to the other after a divorce or legal separation. The purpose of alimony is to provide financial support to the receiving spouse, who may have relied on the other spouse’s income during the marriage. In Arizona, alimony is referred to as “spousal maintenance” and can be awarded in both short-term and long-term marriages.
Types of Alimony
There are different types of alimony, and the specific type awarded in a divorce depends on the unique circumstances of the case. The most common types of spousal maintenance in Arizona are:
1. Temporary Spousal Maintenance
Temporary spousal maintenance is awarded during the divorce process and is designed to address any immediate financial needs of the receiving spouse.
2. Short-Term Spousal Maintenance
Short-term spousal maintenance is awarded for several years after the divorce is finalized. It is meant to provide the receiving spouse with time to become self-sufficient.
3. Long-Term Spousal Maintenance
Long-term spousal maintenance is awarded for a specified period of time or until the receiving spouse remarries or cohabitates with someone else.
Modifications to Alimony Agreements
While alimony agreements are designed to be long-term and stable, situations may arise that require the terms of the agreement to be modified. In Arizona, there are specific circumstances under which modifications to alimony agreements can be made.
1. A Substantial Change in Circumstances
A substantial change in circumstances may occur when either the paying or receiving spouse’s financial situation changes significantly. This can include job loss, disability, or a change in income. Additionally, if the receiving spouse’s financial situation changes due to a new job, inheritance, or other factors, it may be possible to modify the alimony agreement as well.
2. Cohabitation or Remarriage
If the receiving spouse remarries or begins to cohabitate with another person, it is possible to modify the alimony agreement. In Arizona, spousal maintenance ends automatically if the receiving spouse remarries, but cohabitation can be more complicated. The paying spouse may need to provide evidence that the receiving spouse’s new relationship is more than just a roommate situation.
3. Retirement
If the paying spouse retires, they may be able to petition the court to reduce or terminate spousal maintenance payments. However, the paying spouse cannot retire early solely to avoid alimony payments.
4. Failure to Comply with the Alimony Agreement
If one spouse fails to comply with the terms of the alimony agreement, it may be possible to modify the agreement. For example, if the paying spouse fails to make payments, the receiving spouse may be able to seek a modification of the agreement.
How to File for a Modification of Alimony Agreements
To request a modification to an alimony agreement in Arizona, the spouse seeking the modification must file a request with the court. This request must demonstrate that there has been a substantial change in circumstances since the original agreement was made and that the modification is necessary to address those changes.
After the request is filed, both spouses will have an opportunity to present their cases to the court. The court will then decide whether a modification is appropriate based on the evidence presented.
Conclusion
Modifications to alimony agreements in Arizona can be complicated, particularly when trying to prove a substantial change in circumstances. However, it is important to remember that the law is designed to provide financial stability to both spouses after a divorce. If you believe that a modification to your alimony agreement is necessary, it is important to consult with an experienced family law attorney who can guide you through the process.