This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Arizona Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree Because Of Cohabitation By Dependent Spouse?
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The simple answer is yes. Either party may seek to modify spousal maintenance or terminate spousal maintenance early in Arizona if the person can demonstrate there has been a substantial and continuing change in circumstances that warrant a modification or termination of spousal maintenance.
Cohabiting and Alimony in the State of Arizona While other states have varied legal positions on cohabitation's effect on alimony payments, the state of Arizona has strongly held that a spouse paying alimony must continue to do so until the other spouse legally remarries.
In Arizona, spousal maintenance is considered reasonable if it's less than 50% of the spouse's pre-divorce income. Spousal Maintenance can be a contentious issue because it requires one person to support the other financially and emotionally after divorce.
Factors used in calculating alimony duration in Arizona The primary factor in the duration of alimony is the length of the marriage: Marriage lasting less than 24 months ? Up to 24 months maintenance. Marriage lasting 24-60 months ? Up to 36 months maintenance. Marriage lasting 60-120 months ? Up to 48 months ...
Additionally, in Arizona, both spouses can mutually agree to terminate spousal support early. You could also renegotiate the payment terms with your ex-spouse, either with a private lawyer or mediatory. It is very important to make sure you have the right legal team on your side, such as the Law Office of Daniel Hutto.
Alimony awards terminate upon the death of either party. A paying spouse who becomes disabled or faces a job loss that is likely to be permanent can petition the court to end alimony. Retirement, if it reduces the ability to pay alimony, can also be grounds for termination.
To request temporary spousal maintenance in Arizona, you must file a petition through your local family court and provide sufficient evidence regarding why you require financial assistance. Most temporary spousal support orders are valid until the divorce becomes finalized unless the court decides to extend the order.