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 Arizona Revised Statutes, the Arizona Rules of Family Law Procedure (e.g., Rule 91.1), and local court forms before filing. Do not use this template without professional legal review.

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [COUNTY]

Case No.: [CASE NUMBER]

PETITION TO MODIFY (OR TERMINATE) SPOUSAL MAINTENANCE

[A.R.S. § 25-327]

Date of Decree of Dissolution / Legal Separation: [__/__/____]
Is the maintenance non-modifiable by written agreement under A.R.S. § 25-317(G)? ☐ No ☐ Yes (if Yes, the Court lacks jurisdiction to modify — consult counsel)

1. PARTIES, JURISDICTION, AND VENUE

1.1 Petitioner, [PETITIONER NAME], resides in [COUNTY] County, Arizona.

1.2 Respondent, [RESPONDENT NAME], resides at [________________________________].

1.3 This Court entered the Decree between the parties on [__/__/____] (the "Decree") and retains continuing jurisdiction over spousal maintenance under A.R.S. § 25-327. Venue is proper in this county.

2. THE EXISTING MAINTENANCE AWARD

2.1 The Decree requires [OBLIGOR — Petitioner / Respondent] to pay spousal maintenance of $[____] per month to [RECIPIENT — Petitioner / Respondent], commencing [__/__/____] and continuing [until / for [____] months].

2.2 The Decree ☐ does ☐ does not contain a written agreement making maintenance non-modifiable under A.R.S. § 25-317(G).

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

3. SUBSTANTIAL AND CONTINUING CHANGE IN CIRCUMSTANCES

A.R.S. § 25-327(A) provides that "the provisions of any decree respecting maintenance or support may be modified or terminated only on a showing of changed circumstances that are substantial and continuing." Petitioner alleges the following substantial and continuing change(s):

☐ 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 [Petitioner / Respondent] affecting earning capacity or need.
☐ Bona fide retirement of the obligor at age [____].
☐ Addition or change in availability of health insurance coverage (expressly recognized as a potential substantial and continuing change under A.R.S. § 25-327(A)).
☐ Decreased need of the recipient (new employment, inheritance, or other financial improvement).
☐ Remarriage of the recipient — see Section 4 (terminates maintenance under A.R.S. § 25-327(B)).
☐ Other: [________________________________].

Supporting facts: [________________________________].

4. TERMINATION ON DEATH OR REMARRIAGE (A.R.S. § 25-327(B))

4.1 A.R.S. § 25-327(B) provides: "Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated on the death of either party or the remarriage of the party receiving maintenance."

4.2 Petitioner alleges (check if applicable):
☐ The recipient remarried on or about [__/__/____].
☐ A party died on [__/__/____].

5. RELIEF REQUESTED

Petitioner respectfully requests that this Court:

☐ Decrease spousal maintenance to $[____] per month, effective the first day of the month following notice of this Petition (per A.R.S. § 25-327(A)).
☐ Increase spousal maintenance to $[____] per month, effective [__/__/____].
☐ Terminate the maintenance obligation effective [__/__/____] pursuant to A.R.S. § 25-327(B) (death/remarriage) or for substantial and continuing change.
☐ Suspend the obligation during [________________________________].
☐ Grant such other and further relief as the Court deems just and proper.

6. CURRENT FINANCIAL DISCLOSURE (Affidavit of Financial Information)

6.1 Petitioner files herewith a current Affidavit of Financial Information (AFI) as required by the Arizona Rules of Family Law Procedure, together with recent pay records and the most recent federal income tax return.

6.2 Pursuant to Ariz. R. Fam. L.P. 91.1, Petitioner requests that Respondent be ordered to file and exchange an updated AFI within the time prescribed by rule.

7. VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury that I have read the foregoing Petition and that the facts stated herein are true and correct to the best of my knowledge, information, and belief.

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

STATE OF ARIZONA )
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 Petition was served upon [RESPONDENT NAME / counsel] at [SERVICE ADDRESS] by [process server / first-class U.S. mail / certified mail / e-service via AZTurboCourt].

Respectfully submitted,

______________________________
[ATTORNEY NAME], State Bar of Arizona No. [_______]
Attorney for Petitioner
[FIRM NAME]
[STREET ADDRESS], [CITY], Arizona [ZIP]
Tel: [PHONE] | Email: [EMAIL]

Sources and References

• A.R.S. § 25-327 — Modification and termination of provisions for maintenance, support and property disposition: https://www.azleg.gov/ars/25/00327.htm
• A.R.S. § 25-317(G) — Non-modifiable maintenance by written agreement; see Waldren v. Waldren, 217 Ariz. 173, 171 P.3d 1214 (2007).
• A.R.S. § 25-319 — Award and determination of spousal maintenance.
• Ariz. R. Fam. L.P. 91.1 — Petition to modify; financial-disclosure requirements.