Remarriage is a significant factor that can impact alimony arrangements.
Understanding how alimony works, including the impact of cohabitation and the duration of payments, is crucial for anyone involved in a divorce.
At The Law Office of Daniel Hutto, we are here to help you navigate these complexities and secure your financial future.
Here’s what this article will cover:
- Arizona Alimony Law: An Overview
- The Impact of Remarriage on Alimony in Arizona
- Cohabitation and Alimony: What You Should Know
- Navigating Alimony and Remarriage with The Law Office of Daniel Hutto
How an Arizona Family Law Attorney Can Help
Our Phoenix Family Law Attorneys are Here to Help!
Arizona Spousal Maintenance Law: An Overview
Arizona’s alimony laws are designed to ensure that a divorce does not unfairly disadvantage one party financially.
The courts may issue a spousal support order, also known as spousal maintenance, to assist a spouse who lacks sufficient property to meet their needs or is unable to be self-sufficient through employment.
Factors considered include the duration of the marriage, the standard of living established during the marriage, and the financial resources of both parties (A.R.S. § 25-319).
Spousal Support: Why One Party May Have to Pay
Spousal support may be awarded for several reasons, including the length of the marriage and the disparity in earning capacity between the spouses.
The court looks at whether the requesting spouse:
- Lacks sufficient property to provide for their reasonable needs.
- Is unable to be self-sufficient through appropriate employment.
- Contributed to the educational opportunities of the other spouse.
- Had a long marriage and is of an age that may preclude the possibility of employment.
These considerations ensure that alimony is awarded fairly, focusing on both parties’ financial needs and contributions.
How Long Do You Have to Pay Alimony?
The duration of spousal support payments is typically based on the length of the marriage and the recipient’s ability to become self-sufficient.
For short marriages, alimony might be awarded for a shorter duration, often only as long as it takes the recipient to gain the necessary education or training for employment. In longer marriages, especially where one spouse was out of the workforce for an extended period, alimony might be awarded for a more extended period or even until the recipient remarries or either party dies.
It is important to note that Arizona law does not permit “lifetime” Spousal Maintenance awards. Fixed-term awards require the receiving spouse to prove substantial and continuing changed circumstances to extend the duration.
Indefinite-term awards shift the burden of proof to the paying spouse to establish changed circumstances for termination. The court assigns the burden of proof based on the circumstances, and a fixed-term award may be ordered if it’s more appropriate.
This ensures that Spousal Maintenance awards are not intended to be lifelong commitments but rather temporary support with the opportunity for reassessment and modification based on changing circumstances.
The Impact of Remarriage on Alimony in Arizona
Under Arizona law, if the recipient of alimony remarries, the obligation to pay spousal support automatically terminates (A.R.S. § 25-327).
This termination is immediate and does not require a court order, though it is advisable to notify the court to update the official records.
However, this automatic termination applies unless otherwise agreed in writing or expressly provided in the divorce decree.
The payor’s remarriage does not affect the alimony payments.
This provision helps ensure that the recipient’s financial needs are met by their new spouse, relieving the original payor of further responsibility.
Cohabitation and Alimony: What You Should Know
Cohabitation, unlike remarriage, does not automatically terminate spousal support.
However, if the payor can demonstrate that the recipient’s financial situation has significantly improved due to cohabitation, they may petition the court to modify or terminate alimony.
The court will examine whether the recipient’s living expenses have decreased due to the new living arrangement and whether this change justifies altering the support terms.
The payor has the burden of proof, and the court’s decision will be based on the specifics of each case.
Navigating Spousal Support and Remarriage with The Law Office of Daniel Hutto
At The Law Office of Daniel Hutto, we understand that family law matters, particularly those involving spousal support, can be complex and emotionally charged.
Our experienced attorneys are committed to providing personalized legal support to help you understand your rights and obligations under Arizona law.
Whether you seek to establish, modify, or terminate alimony, we offer comprehensive legal services to guide you through the process.
Schedule a consultation via our website at or call us directly at 602 536-7878.
