Can You Modify Spousal Support in Arizona Due to Job Loss or Retirement?

Spousal Maintenance in Arizona: The Basics

Spousal maintenance, often referred to as alimony, is financial support paid by one spouse to the other after a divorce. The goal is to help the lower-earning spouse become financially independent or maintain a standard of living similar to what they had during the marriage.

In Arizona, spousal maintenance is governed primarily by A.R.S. § 25-319, which outlines who qualifies, and A.R.S. § 25-327, which addresses when a modification is possible.

Courts look at a number of factors before awarding support, including:

• The length of the marriage
• Each spouse’s income and financial resources
• The standard of living during the marriage can play a crucial role in determining the amount of spousal maintenance awarded.
• The age, physical health, and employment history of each spouse

There are different types of spousal maintenance, including temporary, rehabilitative, and permanent. The type of support originally ordered may affect whether and how it can be modified later, especially in cases involving spousal support in Arizona.

Can Spousal Support Be Modified After Divorce?

Yes, in Arizona, spousal maintenance may be modified after a divorce—but only under specific conditions outlined in the law. A.R.S. § 25-327(A) allows either party to request a modification if there has been a “substantial and continuing change in circumstances.”

Some of the most common reasons for requesting a modification include:

• A significant change in income (up or down)
• Retirement from the workforce
• Serious illness or disability
• The remarriage of the receiving spouse (in some cases)

The request must show that the change in circumstances affects the ability to pay or the need for support.

Simply wanting to pay less is not enough.

You must present evidence showing how your financial picture has changed since the original spousal maintenance order was issued.

Job Loss and the Impact on Spousal Maintenance

One of the most frequent reasons people seek to modify spousal support is job loss. If you’re laid off, furloughed, or fired, your ability to continue making monthly payments may be severely impacted.

Courts will typically evaluate:

• Whether the job loss was voluntary or involuntary
• Your efforts to find new employment
• Any severance packages or unemployment benefits received may impact your eligibility for spousal support in Arizona.
• Whether the job loss is likely to be temporary or long-term

Involuntary job loss, such as a layoff due to downsizing, is more likely to result in a modification than quitting a job by choice. Arizona courts are cautious about modifying spousal maintenance for someone who voluntarily reduces their income, unless it’s for a legitimate reason like pursuing further education or experiencing health issues.

Retirement as a Reason to Modify Spousal Maintenance

Retirement often leads to a fixed income that’s substantially lower than what was earned during full-time employment. When that happens, it’s common to request a modification of spousal maintenance.

Courts will consider:

• Whether the retirement was reasonable based on the spouse’s age and health
• The financial resources available after retirement (e.g., pensions, 401(k)s, Social Security)
• The original terms of the spousal support order
• Whether the receiving spouse still has a demonstrated need for support

If the retirement is found to be reasonable and permanent, Arizona courts may reduce or terminate the spousal maintenance obligation. However, early or voluntary retirement without a clear justification may not be sufficient.

Disability and Long-Term Health Changes

If a paying spouse becomes disabled and unable to work, they may seek to reduce or terminate their spousal maintenance payments. Likewise, if the receiving spouse develops a disability and can no longer support themselves, they may seek an increase in support.

Arizona courts reviewing these claims will consider:

• Medical documentation of the disability
• Whether the disability is temporary or permanent
• The extent to which the disability impacts work capacity
• Availability of disability income or insurance benefits

It’s important to document the change in circumstances with medical records, income statements, and any other supporting evidence.

Real-World Example: Job Loss and a Modification Request

Consider the case of David and Maria, who divorced after 15 years of marriage in Phoenix, and how their spousal maintenance may be affected by their financial situations. David was ordered to pay $1,200 per month in spousal maintenance. Two years after the divorce, he lost his job when his company downsized.

David filed a request for modification under the guidelines for spousal support in Arizona. A.R.S. § 25-327, citing a substantial and continuing change in circumstances. He showed evidence of job applications, an active search for work, and that he was receiving unemployment benefits less than half of his former salary.

The court reviewed the situation and granted a temporary reduction in support to $600 per month, with a review scheduled for six months later. This allowed David time to find a new job while still providing some support to Maria.

This example shows how courts may temporarily adjust support orders based on job loss—especially when the paying spouse acts in good faith to remedy the situation.

What the Arizona Courts Consider in Modification Cases

Whether you’re seeking an increase, decrease, or termination of spousal maintenance, the court will look at several factors:

• Was the change in circumstances substantial and continuing?
• Does the change affect the paying spouse’s ability to pay?
• Does the change affect the receiving spouse’s need for support?
• Have both parties acted in good faith?

The requesting party has the burden of proof. That means if you’re the one asking for the modification, you must show clear and convincing evidence that your financial or personal situation has changed significantly since the original order.

How to File for a Modification of Spousal Maintenance

To begin the process, you must file a Petition to Modify Spousal Maintenance in the same court that issued the original divorce decree. This filing must include evidence supporting the request for a change in the spousal maintenance award.

• A description of the substantial and continuing change
• Supporting documents (e.g., termination letters, medical records, retirement papers)
• A proposed new support amount (or a request to terminate)

The other party will have the opportunity to respond, and a hearing may be scheduled regarding the type of spousal support being contested. The judge will evaluate the evidence and determine whether to grant the modification.

It’s strongly advised to consult with a spousal support lawyer to prepare your petition for a maintenance award and represent your interests in court.

Can Spousal Maintenance Be Terminated Altogether?

Yes, spousal maintenance can be terminated, but it depends on the facts of the case. Common situations that may justify termination include:

• The receiving spouse remarries
• The paying spouse retires or becomes permanently disabled
• A significant change in financial circumstances eliminates the need or ability to pay

If the spousal maintenance order included a termination clause (such as ending after five years or upon remarriage), courts will typically follow it. If there is no such clause, a party must request a termination and prove why continued support is no longer appropriate under A.R.S. § 25-327.

FAQs About Spousal Support Modifications in Arizona

(1) Can I stop paying alimony if I retire?

Not automatically. You must file a petition and prove that your retirement is reasonable and reduces your ability to pay.

(2) What counts as a “substantial and continuing change”?

Common examples include job loss, permanent disability, remarriage of the receiving spouse, or significant changes in income.

(3) Can my ex request more support if I get a better job?

Yes, if you experience a significant increase in income, your former spouse may petition for an increase in support.

(4) How long does the modification process take?

It depends on the complexity of the case and court availability, but it typically takes several months from filing to decision.

(5) What if my ex refuses to agree to the modification?

The court decides modifications based on evidence, not agreement. Your ex cannot stop you from requesting a change, but they can contest it.

(6) Can I modify both spousal and child support at the same time?

Yes. If both support obligations are affected by your financial change, you can request a modification of both in the same petition.

(7) Do I need a lawyer to modify spousal maintenance?

While not required, working with a qualified attorney significantly improves your chances of success and ensures proper filing and procedure for your spousal maintenance award.

At the Law Offices of Daniel Hutto, we understand that financial circumstances don’t always stay the same. Whether you’ve lost your job, retired, or experienced a serious health condition, we can help you petition the court to modify or terminate your spousal maintenance order.

Attorney Daniel Hutto brings years of experience in Arizona family law, including helping clients obtain or contest modifications to their spousal maintenance awards. His background as both a family law attorney and former prosecutor gives him a sharp eye for strategy and courtroom procedure. When your future financial stability is on the line, you deserve experienced legal guidance.

We offer one-on-one consultations where you can sit down with an attorney and get real answers about your rights and options. With deep knowledge of Arizona divorce laws, including A.R.S. § 25-319 and § 25-327, our team is ready to protect your interests and help you move forward.

Call us today at 602 536-7878 or contact us through our website to schedule your consultation.