In Arizona, the decision of the court regarding modification of spousal maintenance is based upon Arizona Revised Statute Section 25-327(A) (2007) which requires that modification be dependent upon changed circumstances. For modification or termination of spousal support to be warranted it is also necessary that the circumstances be proven by comparison to the situation as in place at the time of dissolution.
When is a Modification of Spousal Maintenance Appropriate?
In MacMillan v. Schwartz, Gail E. MacMillan (“Wife”) filed for an appeal after the trial court ordered a modification of spousal maintenance. She contended that the court erred in finding that her earnings triggered the modification clause of the original spousal maintenance agreement and in the determination of the actual modified award due from William C. Schwartz (“Husband”).
The two parties were divorced in March of 2005 by consent decree with a property settlement agreement (PSA) incorporated into the decree. The PSA included this clause: “Husband shall pay spousal maintenance to Wife in the amount of $6,666.67 per month directly to Wife for a period of eight (8) years commencing April 1, 2005.”
In May of 2009, Husband filed for a modification in spousal support citing that the Wife was living with her fiancé, decreasing her expenses, and …show more content…
If the PSA had been merged it would have become part of the decree making spousal maintenance modifiable only upon changed circumstances. Incorporation of the agreement into the decree has a different purpose. In this type of situation, the agreement will retain the independent status granted by the incorporation leaving it subject to rights and limitations as pertaining to contract law. The contractual intent of the two parties must be
When is a Modification of Spousal Maintenance Appropriate?
In MacMillan v. Schwartz, Gail E. MacMillan (“Wife”) filed for an appeal after the trial court ordered a modification of spousal maintenance. She contended that the court erred in finding that her earnings triggered the modification clause of the original spousal maintenance agreement and in the determination of the actual modified award due from William C. Schwartz (“Husband”).
The two parties were divorced in March of 2005 by consent decree with a property settlement agreement (PSA) incorporated into the decree. The PSA included this clause: “Husband shall pay spousal maintenance to Wife in the amount of $6,666.67 per month directly to Wife for a period of eight (8) years commencing April 1, 2005.”
In May of 2009, Husband filed for a modification in spousal support citing that the Wife was living with her fiancé, decreasing her expenses, and …show more content…
If the PSA had been merged it would have become part of the decree making spousal maintenance modifiable only upon changed circumstances. Incorporation of the agreement into the decree has a different purpose. In this type of situation, the agreement will retain the independent status granted by the incorporation leaving it subject to rights and limitations as pertaining to contract law. The contractual intent of the two parties must be