In Arizona, spousal maintenance (alimony) may be modified after a divorce if certain legal requirements are met. Generally, modifications are based on changes in the alimony recipient’s particular financial situation that trigger a greater need. But what if the change is caused by an increase in the general cost of living, due to economic factors outside the recipient’s control?

Arizona statute allows either ex-spouse to obtain a modification of an order of spousal maintenance upon a showing that there has been a “substantial and continuing change in circumstances.” The term “substantial” mean significant enough to affect the party’s financial obligations or needs. The term “continuing” refers to a long-term change and not a short-term fluctuation. Additionally, the change must not have been anticipated or accounted for at the time of the original divorce decree. 

For an increase in the cost of living to justify a modification of spousal maintenance, several elements must be demonstrated by the recipient:

• The increase is both substantial and ongoing — for example, steep and lasting hikes in housing, healthcare, or food expenses. 

• The change also must not have been foreseeable when the divorce agreement was entered; routine inflation or minor cost upticks are generally not enough. 

• The increased expenses materially affect the recipient’s ability to meet basic needs, and that the original maintenance award is no longer adequate to cover reasonable living costs. 

If the increased cost of living is part of a broader, unforeseen economic shift or if it disproportionately impacts the recipient’s expenses (such as a dramatic rent increase due to housing shortages), it may constitute grounds for modification.

When deciding on a modification request, Arizona courts examine several forms of evidence:

• Updated financial affidavits — Both parties must provide complete and up-to-date financial disclosures, outlining income, assets, liabilities, and monthly expenses.

• Documentation of increased expenses — The requesting party should submit tangible proof of higher costs, such as lease agreements showing rent increases, utility bills, statements of medical or insurance expenses, receipts for necessary goods, and other supporting documents.

• Efforts to increase income or adjust spending — Courts also look at whether the recipient spouse has made reasonable efforts to mitigate the impact of higher costs, such as seeking additional employment, cutting non-essential expenses, or pursuing job training.

Judges may deny modifications even in the face of strong proofs. If expected changes — such as periodic inflation — were considered by the court when setting the original alimony, the court will not allow using those changes to justify modification. If the final divorce decree or agreement explicitly states that spousal maintenance is “non-modifiable,” the court lacks the authority to change the amount or duration, regardless of changing circumstances. Also, modifications are only prospective; they cannot apply retroactively to payments that are already past due (arrears).

It is highly advisable to consult with an experienced spousal maintenance attorney when seeking (or contesting) a modification. Legal counsel can ensure that your case is clearly and persuasively presented in a way that maximizes your chances of a favorable outcome.

The attorneys at Clark & Schloss Family Law, P.C. in Scottsdale can help you to obtain a fair alimony arrangement, whether you are the recipient or the payer. Call 602-789-3497 or contact us online today for a consultation.