A common misconception among individuals paying alimony is that their financial obligation vanishes automatically the moment their former spouse remarries. In Arizona, this is not how the law works.
Does Remarriage Automatically End Alimony in Arizona?
In Arizona, your legal obligation to pay spousal maintenance does not end automatically the moment your former spouse remarries. Even if your underlying divorce decree explicitly states that support terminates upon remarriage, you must formally file a motion with the court to terminate the spousal maintenance order to legally stop the payments.
An experienced family law attorney will never submit this post-decree motion without having an electronic copy of the original order in hand. Your motion must specifically reference the underlying decree as an exhibit, clearly stating the original terms and pointing directly to the language that supports ending your financial obligation.
The Requirement to File for Termination
Even if your underlying divorce decree explicitly states that spousal maintenance terminates upon the recipient’s remarriage, the actual payments will not stop on their own. In Arizona, you must formally file a motion with the court to terminate the spousal maintenance order.
The Attorney Standard for Post-Decree Motions
When modifying or ending an obligation in a post-decree situation, an experienced AZ family law attorney will never submit a motion to the court without having a verified copy of the original order in hand. Filing a motion to terminate a financial obligation without attaching or specifically referencing the underlying decree as an exhibit can be considered a severe legal error.
For example, if an obligation is set to end on a specific date, your legal motion must explicitly state the end date, attach the original divorce decree as an exhibit, and point directly to the language supporting termination.