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 Arkansas Code and local circuit court rules before filing. Do not use this template without professional legal review.

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS

[____] DIVISION (DOMESTIC RELATIONS)

Case No.: [CASE NUMBER]

MOTION TO MODIFY (OR TERMINATE) ALIMONY

[Ark. Code §§ 9-12-312, 9-12-314]

Date of Divorce Decree: [__/__/____]

1. PARTIES, JURISDICTION, AND VENUE

1.1 Movant, [MOVANT NAME], brings this Motion as the ☐ obligor (paying party) ☐ recipient (party awarded alimony).

1.2 The opposing party, [OPPOSING PARTY NAME], resides at [________________________________].

1.3 This Court entered the Decree of Divorce between the parties on [__/__/____] (the "Decree") and retains continuing jurisdiction to alter the alimony allowance under Ark. Code § 9-12-314. Venue is proper in [COUNTY] County.

2. THE EXISTING ALIMONY AWARD

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

2.2 Any termination contingencies stated in the Decree: [________________________________].

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

3. SIGNIFICANT AND MATERIAL CHANGE IN CIRCUMSTANCES

Arkansas alimony may be modified upon a showing of a significant and material change in circumstances, and Ark. Code § 9-12-312(a)(4) provides that a person paying alimony is entitled to petition the court for review or modification at any time. Movant alleges the following significant and material change(s), which is/are substantial, ongoing, and not anticipated at the time of the Decree:

☐ Involuntary job loss or income reduction of 20% or more for the obligor (from $[____]/mo to $[____]/mo).
☐ Substantial increase in the obligor's income (from $[____]/mo to $[____]/mo), warranting an increase.
☐ Permanent disability or serious illness of [movant / other party] affecting earning capacity or need.
☐ Bona fide retirement of the obligor at or after normal retirement age ([____]).
☐ Substantial increase in the recipient's income (increase of 20% or more) or completion of rehabilitative education/training.
☐ Other: [________________________________].

Supporting facts: [________________________________].

4. AUTOMATIC TERMINATION EVENTS (Ark. Code § 9-12-312(a)(2))

4.1 Unless otherwise ordered by the court or agreed to by the parties, the liability for alimony shall automatically cease upon the earlier of:
(A) the remarriage of the person awarded alimony;
(B) the establishment of a relationship that produces a child or children and results in a court order directing another person to pay support to the recipient, which is considered the equivalent of remarriage;
(C) the establishment of a relationship that produces a child or children and results in a court order directing the recipient to support another person who is not a descendant of the payor, which is considered the equivalent of remarriage;
(D) the recipient's living full time with another person in an intimate, cohabitating relationship;
(E) the death of either party; or
(F) any other contingencies set forth in the order awarding alimony.

4.2 Movant alleges that one or more of the foregoing has occurred (check if applicable):
☐ (A) Remarriage on or about [__/__/____].
☐ (B)/(C) Qualifying child-producing/support relationship as described above.
☐ (D) Full-time intimate cohabitation with [________________________________] since [__/__/____], evidenced by [________________________________].
☐ (E) Death of a party on [__/__/____].
☐ (F) Other contingency: [________________________________].

5. RELIEF REQUESTED

Movant respectfully requests that this Court:

☐ Decrease alimony to $[____] per [month], effective [__/__/____] (modifications are prospective from the date of filing).
☐ Increase alimony to $[____] per [month], effective [__/__/____].
☐ Terminate the alimony obligation effective [__/__/____] pursuant to Ark. Code § 9-12-312(a)(2) (automatic cessation) and/or for a significant and material change.
☐ Suspend the obligation during [________________________________].
☐ Grant such other and further relief as the Court deems just and equitable.

6. CURRENT FINANCIAL DISCLOSURE

6.1 Movant files herewith a current, sworn financial affidavit / statement of income and expenses, together with recent pay records, the most recent federal income tax return, and supporting documentation of the change(s) alleged.

6.2 Movant requests that the opposing party be ordered to file a corresponding current financial affidavit.

7. VERIFICATION

I, [MOVANT NAME], being first duly sworn, state that I have read the foregoing Motion and that the allegations are true and correct to the best of my knowledge, information, and belief.

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

STATE OF ARKANSAS )
COUNTY OF [COUNTY] )

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 copy of the foregoing Motion was served upon [OPPOSING PARTY / counsel] at [SERVICE ADDRESS] by [first-class U.S. mail / certified mail, return receipt requested / process server / e-service].

Respectfully submitted,

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

Sources and References

• Ark. Code § 9-12-312 — Alimony; automatic cessation events (§ 9-12-312(a)(2)) and right to petition for review/modification (§ 9-12-312(a)(4)): https://law.justia.com/codes/arkansas/title-9/subtitle-2/chapter-12/subchapter-3/section-9-12-312/
• Ark. Code § 9-12-314 — Alteration of allowances (alimony and maintenance).
• Arkansas Rules of Civil Procedure; local circuit court domestic-relations rules.