Modifying or Ending Spousal Maintenance in Arizona

In Arizona, maintenance can be modified or terminated only on changed circumstances that are substantial and continuing. Unless the decree or an agreement says otherwise, the obligation to pay future maintenance ends on the death of either party or the remarriage of the recipient, and parties can agree that terms are non-modifiable.

Changed circumstances that are substantial and continuing

Under A.R.S. 25-327(A), the provisions of a decree respecting maintenance may be modified or terminated only on a showing of changed circumstances that are substantial and continuing, except for any arrearage accrued before notice of the motion. Adding health insurance coverage or a change in its availability may be a continuing and substantial change.

When a change takes effect

A modification or termination is effective on the first day of the month following notice of the petition, unless the court, for good cause, orders a different date that is not earlier than the date of filing the petition (A.R.S. 25-327(A)).

Death and remarriage

Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance ends on the death of either party or the remarriage of the party receiving maintenance (A.R.S. 25-327(B)). The statute text we read does not list cohabitation as a termination event.

Non-modifiable maintenance

If both parties agree, the maintenance order and the decree may state that its maintenance terms shall not be modified (A.R.S. 25-319(D)). Check whether your decree or agreement contains that language before assuming a change is possible.

How the guidelines affect modification

When the original petition was filed on or after September 24, 2022, a party can show a substantial and continuing change by showing that applying the guidelines would change the existing order. For petitions filed before that date, the guidelines cannot be the basis for changed circumstances, although the court may consult them for the amount, not the duration, if circumstances otherwise changed (Guidelines Section I.C.2).

Who bears the burden

For a fixed-term award, a request to extend the duration must show substantial and continuing changed circumstances, and the receiving spouse bears the burden. For an indefinite-term award, the paying spouse bears the burden of showing changed circumstances to end it or set a termination date. A request to modify a fixed term for a disability must be filed before the term expires (Guidelines Sections IV.B.2.c and IV.E).

What to bring when you ask the court to change an order

Bring the decree or agreement with its maintenance language, proof of what has changed (income, employment, health, insurance costs, remarriage) and the guidelines calculation if the original petition was filed on or after September 24, 2022. Because a change takes effect from the month after notice of the petition, file promptly once circumstances change.

Start from the duration range

The Arizona spousal maintenance calculator shows the range the guidelines set for your marriage, and how long maintenance lasts in Arizona covers how those ranges work.

Frequently asked questions

Can spousal maintenance be modified in Arizona?

Yes, on a showing of changed circumstances that are substantial and continuing, unless the decree says it cannot be modified.

Does remarriage end spousal maintenance in Arizona?

Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance ends on the death of either party or the remarriage of the recipient.

When does an Arizona maintenance change take effect?

On the first day of the month following notice of the petition, unless the court orders a different date not earlier than the filing of the petition.

Can spousal maintenance be made non-modifiable in Arizona?

Yes. If both parties agree, the order and decree may state that the maintenance terms shall not be modified.

Do the guidelines apply to modifications in Arizona?

Yes, if the original dissolution or legal separation petition was filed on or after September 24, 2022. Showing that the guidelines would change the order can establish a substantial and continuing change.

Official sources

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This is general information, not legal advice. It is based on the cited Arizona statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arizona attorney.