Alimony: Termination of the Award

How long must you pay alimony/spousal support? Forever, if you are not careful. Much less, if you have a good lawyer.

Under proper circumstances, future maintenance payments may be terminated by court order
or by certain events, or after a given length of time. Under a 1973 law, unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.

Arizona courts have had difficulties with modification of maintenance awards specifying periodic installments for a limited time. In a case decided before the 1973 law, the Arizona Supreme Court had held that an award of $75 per month for six months was a lump sum award and was not subject to modification. After the 1973 law, Division Two of the Court of Appeals ruled that all future maintenance payments, both periodic and lump sum, are subject to termination and modification unless otherwise stated. On the other hand, post-1973 Division One cases have adhered to the previous Supreme Court position that awards of fixed installments for a fixed period are not terminable or modifiable in the absence of an express provision therefor. To further complicate the matter, a 1987 law provides that the court maintains continuing jurisdiction over the issue of maintenance for the period of time maintenance is awarded. It seems likely that the Legislature intended this provision to adopt the Division Two position--otherwise, there would not be much point in it.

The annulment of a second marriage which terminated spousal maintenance from the first marriage does not revive maintenance frm the first spouse.

Under the Maricopa County advisory guidelines, the duration of the award is calculated by applying a factor of 0.3 and 0.5 to the length of marriage to determine the range of the duration of the award. So if the couple was married for 15 years, the guidelines suggest an award lasts anywhere from 4.5 to 7.5 years.

Obviously, if you are facing divorce, spousal maintenance, child support, or child custody issues in the Phoenix metro area, you need an aggressive Phoenix divorce lawyer fighting for you. Contact us right away for a free consultation.