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Modification of Spousal Maintenance/Alimony

“Spousal Maintenance” was not designed or intended to be punitive in nature in Arizona. The courts will always look to the general purpose of assisting a spouse in maintaining the standard of living they enjoyed while they were married, or assisting a person from being a married person to being a single person. Under Arizona law, the Modification factors in Spousal Maintenance are the same factors which were originally looked to when the Decree of Dissolution was signed. The courts will look to the following when determining a Modification of Spousal Maintenance:

  • The length of the marriage.
  • The inability of the spouse who is providing Spousal Maintenance to maintain their personal standard of living while paying the existing maintenance amount.
  • Whether Community Property was wasted, concealed, destroyed or fraudulently transferred.
  • The earning abilities of each spouse.
  • The spouse’s ages.
  • Whether the spouse who is attempting to get a Modification can meet their needs separately (either through separate property or other factors).
  • The ability to support oneself through their own employment.
  • The inability to currently work due to the ages of the child or children (or any illnesses of the child or children).
  • Whether old age now affects the ability for one spouse to gain sufficient employment.
  • The length of time which would be necessary for a spouse to acquire sufficient education for a new job.
  • Both spouses future earning capacity.
  • The current ages of both spouses.
  • The current physical and emotional condition of each spouse.
  • Past jobs held during the marriage.
  • Any special vocational or educational skills possessed by the spouse who is seeking the Modification.

It is extremely important that a list of all relevant information which may affect Modification of Spousal Maintenance be prepared and provided to our office as soon as possible. Try and bring this list with you after you contact us or call us at (602)254-8880 in order to meet The Cantor Law Group for your free initial consultation.

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