In Arizona, spousal maintenance (alimony) may be modified under certain conditions if either party can demonstrate a significant and ongoing change in circumstances. Courts do not allow changes to alimony awards unless substantial evidence is presented in support. 

Seeking modification of spousal maintenance in Arizona requires proving that there has been a “substantial and continuing” change in circumstances. The change must be palpable and be likely to last for the foreseeable future. Examples of changes that could justify a modification include the following:

• Loss of income or employment — The spouse paying maintenance loses their job or suffers a significant reduction in income through no fault of their own, such as company retrenchment. However, voluntary unemployment or underemployment is not sufficient grounds.

• Significant increase in income — The spouse receiving maintenance experiences a significant raise, promotion, new job, gift, inheritance or other boon that fosters financial independence.

• Serious health issues — Either spouse develops a severe medical condition that impacts their ability to earn an income or increases their financial needs.

• Cohabitation by the receiving spouse —Cohabitation with a romantic partner can be presented as evidence that the recipient spouse’s financial needs have changed, especially if the new partner is contributing to household expenses. If the receiving spouse remarries, Arizona law requires that spousal maintenance be terminated.

A party seeking modification must file a formal petition with the court. This petition must clearly outline the specific changes in circumstances and how they affect the current spousal maintenance arrangement. 

The petition must be supported by objective evidence, not merely assertions. The petitioner needs to provide detailed documentation such as the following:

• Pay stubs, tax returns, and other income verification to demonstrate changes in income

• Medical records to show health-related issues affecting earning capacity

• Statements of new living arrangements or financial contributions from a new partner

• Affidavits or witness testimony that supports the claims of changed circumstances

It is important to file the petition promptly after the change occurs because Arizona courts typically do not retroactively modify spousal maintenance prior to the date of filing the petition. Delays in filing can mean lost opportunities for modification.

Modifying spousal maintenance is often a complicated process. An experienced Arizona alimony attorney help draft the necessary petition, gather supporting documentation and make a persuasive presentation to the court. Having professional legal guidance ensures that all procedural requirements are met and that the most compelling evidence is put before the court.

At Clark and Schloss Family Law, P.C. in Scottsdale, we frequently help divorced Arizonans obtain modifications of alimony awards. For a consultation, please call our office at 602-789-3497 or contact us online anytime.