Family Law & Divorce Attorney
No. Losing your job does not automatically end spousal maintenance in Arizona. You generally must ask the court to modify the existing order and show that your job loss has created a substantial and continuing change in circumstances.
Until the court changes the order, your existing payment obligation generally remains in effect. Acting promptly can be important if a significant loss of income affects your ability to pay.
Does Job Loss Qualify as a Substantial and Continuing Change?
Arizona law generally allows a court to modify or terminate spousal maintenance when there has been a substantial and continuing change in circumstances.
Job loss can meet that standard, but unemployment does not automatically qualify. The court will look at how significantly your financial situation has changed and whether the reduction in income is likely to continue.
For example, a temporary gap between jobs may be treated differently from a layoff followed by an extended period of unemployment. The terms of your original order also matter. In some cases, spouses may have agreed that maintenance will not be modified.
Does It Matter Why You Lost Your Job?
Yes. How and why your employment ended can affect a request for spousal maintenance modification.
An involuntary layoff, company closure, or other job loss outside your control may provide stronger grounds for modification when it causes a significant reduction in your ability to pay. The court can take a closer look when someone voluntarily quits a job, intentionally reduces work hours, or accepts substantially lower pay.
That does not mean voluntary unemployment or a career change can never support modification. The court can consider whether your employment decisions were reasonable and made in good faith rather than for the purpose of reducing your maintenance obligation.
What Does the Court Consider When Deciding Whether to Modify Maintenance?
A judge will look at the circumstances surrounding your loss of income rather than unemployment alone. Depending on the case, relevant considerations may include:
- Your income before and after the job loss
- Your current financial resources and ability to meet the existing obligation
- Your education, work history, skills, and ability to obtain new employment
- The steps you have taken to find appropriate work
- How long the reduction in income has lasted and whether it is expected to continue
Documents such as a termination or layoff notice, recent pay records, financial statements, and records of your job search can help establish how your circumstances have changed.
Can You Stop Paying Spousal Maintenance After Losing Your Job?
Generally, you should not stop or reduce court-ordered maintenance on your own. Losing your job does not automatically change the terms of your divorce decree or maintenance order.
Instead, you can petition the court for a modification. Timing matters because Arizona law generally limits how far back a modification can take effect. A modification ordinarily applies to payments due after notice of the petition, although the court has some discretion regarding the effective date.
If you simply stop paying, unpaid amounts can accumulate while the existing order remains enforceable.
What If Your Former Spouse Loses Their Job?
If you receive spousal maintenance, your former spouse’s unemployment does not automatically reduce or end the payments you are entitled to under the current order.
You have the right to respond if your former spouse requests a modification. Depending on the circumstances, you may raise questions about whether the income reduction is actually expected to continue, whether reasonable efforts are being made to find work, or whether your former spouse still has the resources or earning ability to meet the obligation.
Until a modification is approved, the existing order generally remains enforceable.
Job Loss May Justify a Change, but It Does Not Change the Order by Itself
A significant job loss can provide grounds to modify spousal maintenance, but the outcome depends on your circumstances and the terms of the existing order. Waiting to address the issue can also leave you responsible for payments that continue to come due.
At Cohen Family Law, we help clients throughout Arizona seek and respond to maintenance modifications and other family law matters. If a job loss has affected your ability to pay or your former spouse is asking to change your maintenance, contact us to discuss your options.
