Feature Article
Divorce can be an incredibly difficult and emotionally trying time, and unfortunately often comes with a variety of legal and financial hardships. Among the most contentious issues during a divorce is determining spousal support, also known as alimony. In Arizona, spousal support may be requested to be modified under certain circumstances. Here, we discuss the when and how of modifying spousal support in Arizona.
What is spousal support in Arizona?
Spousal support, also known as alimony, is money paid by one ex-spouse to the other following a divorce. The purpose of spousal support is to minimize any economic hardship that the recipient spouse may potentially face following the end of the marriage. In Arizona, spousal support can be awarded temporarily or permanently. Temporary spousal support is only awarded during the divorce proceedings to help one spouse maintain their lifestyle until the divorce is finalized. Permanent spousal support is awarded after the divorce is finalized, and lasts until a certain event occurs; for example, the recipient spouse remarries or either spouse passes away.
When can spousal support in Arizona be modified?
Spousal support in Arizona can be modified under certain circumstances. Essentially, in order to request a modification, there has to be a significant change in circumstances which causes a financial hardship. This change must be ongoing, and significant enough to warrant a revision of the original support order, not just a temporary or minor fluctuation. There are several different types of changes that might qualify:
Change in Income
If the paying spouse has lost their job or their income has been significantly reduced, they may be able to request a modification to the support order if their financial situation has changed to the point that they cannot continue to pay the same spousal support amount. Similarly, if the receiving spouse has seen a significant increase in their own income, this could also warrant a modification of the support order, as they may no longer need as much support as they did before.
Change in Health
If either spouse has a significant change in their health, this could warrant a spousal support modification. If the paying spouse’s health has deteriorated and they are no longer able to work, they may be unable to continue making the same spousal support payments. If the receiving spouse’s health has declined, they may need additional support to cover medical expenses or rehabilitation costs.
Change in Need
If the recipient spouse’s financial needs have changed, they may be able to request a modification to the spousal support order. For example, if the recipient spouse remarries or begins cohabitating, they may no longer need as much support as they did before. Similarly, if the recipient spouse takes steps to become self-sufficient, such as starting a new job or going back to school, this could be grounds for a modification request.
Change in Duration
Permanent spousal support can be modified if the duration of support is no longer necessary. For example, if the recipient spouse’s health improves or if they remarry, they may no longer need spousal support, and the paying spouse could seek a modification to the duration of payments.
Change in Custody
If there is a change in custody of any children from the marriage, this could impact the spousal support order. If the recipient spouse is awarded custody of a child, they may have greater financial responsibilities which could impact their need for support. Similarly, if the paying spouse is awarded custody of a child, they may have increased financial responsibilities, which could impact their ability to pay support.
Unanticipated Needs
If either spouse experiences an unanticipated need, such as a sudden medical emergency or unexpected financial hardship, they may be able to request a modification to the spousal support order.
Change in Cost of Living
If there is a significant change in the cost of living in Arizona, such as a statewide increase in property taxes or inflation, the spousal support order may be modified to reflect this change.
How to request a modification to spousal support in Arizona
If a spouse believes that their situation warrants a modification to the spousal support order, they must file a petition to modify with the court that issued the original support order. The court will then evaluate the request and determine whether a modification should be granted based on the specific circumstances of the case.
It is important to note that spousal support modifications are not guaranteed to be approved. The spouse requesting the modification will need to demonstrate that there has been a significant and ongoing change in circumstances that warrants a modification, and that the modification is reasonable and necessary. Consulting with an experienced family law attorney can be helpful in determining whether a modification request is likely to be successful.
Conclusion
Modifying spousal support in Arizona can be a complex process, but it may be necessary if the financial situation of either spouse has changed. Understanding the circumstances under which modifications can be made, and the process for requesting a modification, is important for anyone going through a divorce in Arizona.
Modifying Spousal Support in Arizona
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