Spousal Support / Alimony Modification

DISCLAIMER (Read Before Use)
This template is provided for informational purposes only and does not constitute legal advice. You must have this template reviewed and customized by a qualified attorney licensed in your jurisdiction before use. Confirm all facts, complete every [PLACEHOLDER], and verify the current Alaska Statutes, Alaska Rules of Civil Procedure, and the current Alaska Court System forms (e.g., DR-735) before filing. Do not use this template without professional legal review.

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[____] JUDICIAL DISTRICT AT [CITY]

Case No.: [____]-[__]-[_____] CI

MOTION TO MODIFY (OR TERMINATE) SPOUSAL SUPPORT / MAINTENANCE

[AS 25.24.170]

Date of Original Decree / Order: [__/__/____]
Type of Maintenance Awarded (check one): ☐ Reorientation ☐ Rehabilitative ☐ Permanent ☐ Other: [____]

1. INTRODUCTION AND JURISDICTION

1.1 Pursuant to AS 25.24.170(a), "any time after judgment the court, upon the motion of either party, may set aside, alter, or modify so much of the judgment as may provide for alimony ... or for the maintenance of either party to the action."

1.2 This Court entered a Decree of Divorce / Dissolution between the parties on [__/__/____] (the "Decree") and retains continuing jurisdiction to modify the spousal-maintenance provisions.

1.3 The movant, [MOVANT NAME], brings this Motion as the ☐ obligor (paying spouse) ☐ recipient (supported spouse).

2. THE EXISTING MAINTENANCE AWARD

2.1 The Decree requires [OBLIGOR NAME] to pay spousal maintenance of $[____] per [month] to [RECIPIENT NAME], commencing [__/__/____] and continuing [until / for a period of [____]].

2.2 Type and purpose of award (reorientation / rehabilitative / permanent): [________________________________].

2.3 Amount currently paid / arrearage, if any: $[____].

3. MATERIAL AND SUBSTANTIAL CHANGE IN CIRCUMSTANCES

The movant must demonstrate a material and substantial change in circumstances occurring since entry of the existing order. The movant alleges the following:

☐ Involuntary job loss or substantial decrease in the obligor's income (from $[____]/mo to $[____]/mo).
☐ Substantial increase in the obligor's income (from $[____]/mo to $[____]/mo), warranting an increase.
☐ Disability or serious illness of [movant / other party] affecting earning capacity or need.
☐ Bona fide retirement of the obligor at age [____].
☐ The recipient's rehabilitation / education program requires more (or less) time than anticipated.
☐ Decreased need of the recipient (new employment, inheritance, or other financial improvement).
☐ Cohabitation of the recipient with a new partner that substantially reduces the recipient's financial need (see Section 4).
☐ Other: [________________________________].

Supporting facts: [________________________________].

4. TERMINATION EVENTS; COHABITATION

4.1 Remarriage / Death. Spousal maintenance ordinarily terminates upon the remarriage of the recipient or the death of either party, unless the Decree expressly provides otherwise.

4.2 Cohabitation. Cohabitation of the recipient with a new partner does not automatically terminate maintenance in Alaska, but may constitute a material change supporting reduction or termination where the new arrangement substantially reduces the recipient's financial need.

4.3 Movant alleges (check if applicable):
☐ The recipient remarried on or about [__/__/____].
☐ A party died on [__/__/____].
☐ The recipient is cohabiting with [________________________________], substantially reducing the recipient's need, as evidenced by [________________________________].

5. RELIEF REQUESTED

The movant respectfully requests that this Court:

☐ Decrease spousal maintenance to $[____] per [month], effective [__/__/____].
☐ Increase spousal maintenance to $[____] per [month], effective [__/__/____].
☐ Terminate the maintenance obligation effective [__/__/____].
☐ Suspend the obligation during [________________________________].
☐ Grant such other relief as the Court deems just.

6. CURRENT FINANCIAL DISCLOSURE

6.1 The movant files herewith a current, sworn financial information sheet / income and expense statement (and the Alaska Court System modification form, e.g., DR-735, where applicable), together with recent pay records and the most recent federal tax return.

6.2 The movant requests that the opposing party be ordered to file a corresponding current financial disclosure.

7. VERIFICATION

I, [MOVANT NAME], declare under penalty of perjury under the laws of the State of Alaska that I have read the foregoing Motion and that the factual statements herein are true and correct to the best of my knowledge, information, and belief.

______________________________
[MOVANT NAME]
Date: [__/__/____]

STATE OF ALASKA )
[____] JUDICIAL DISTRICT )

Subscribed and sworn to before me on this ____ day of __________, 20____.

______________________________
Notary Public
My commission expires: ___________

8. CERTIFICATE OF SERVICE

I certify that on this ____ day of __________, 20____, a true copy of the foregoing Motion was served upon [OPPOSING PARTY / counsel] at [SERVICE ADDRESS] by [hand delivery / first-class U.S. mail / certified mail / e-service].

Respectfully submitted,

______________________________
[ATTORNEY NAME], Alaska Bar No. [_______]
Attorney for [Movant]
[FIRM NAME]
[STREET ADDRESS], [CITY], Alaska [ZIP]
Tel: [PHONE] | Email: [EMAIL]

Sources and References

• AS 25.24.170 — Modification of judgment: https://law.justia.com/codes/alaska/title-25/chapter-24/article-1/section-25-24-170/
• AS 25.24.160 — Judgment (award of spousal maintenance; factors).
• Alaska Court System, Spousal Support / Family Law forms: https://courts.alaska.gov/shc/family/shcspousal.htm
• Alaska Rules of Civil Procedure (post-judgment motion practice).