Arizona Family Law: Recent Case Summaries & Rulings

See the following Arizona Family Law Court rulings and summaries below:

Case: Bennett v. Bennett, 1CA-CV 25-0260 (October 23, 2025)

Subject: Modification of Spousal Maintenance

The parties divorced in 2022 following a 15-year marriage, with the husband ordered to pay the wife spousal maintenance of $1,193 per month for 11.5 years. One year later, the husband petitioned to modify the award. He claimed that despite an increase in his income, exorbitant expenses for therapeutic intervention had made the spousal maintenance award unaffordable. The trial court subsequently reduced the monthly payment to $600.

The Court of Appeals reviewed the decision based on the spousal maintenance factors outlined in A.R.S. § 25-319(B). The court considered the husband’s unexpected therapy-related debt and the resulting financial distress. It also evaluated the wife’s ability to support herself, her current living situation, and her use of available funds. The Court of Appeals affirmed the modification, ruling that the trial court record supported a finding of substantial and continuing changed circumstances.

Case: Scoop v. Scoop, 1CA-CV 25-004FC (October 6, 2025)

Subject: Eligibility for Spousal Maintenance

Pursuant to A.R.S. § 25-319(A), the superior court is permitted to award spousal maintenance as long as any one of the statutory eligibility factors is present. A party is not required to satisfy all five factors to establish eligibility for an award.

Case: Smith v. Harter, 1CA-CV 25-0021 FC (October 27, 2025)

Subject: Community Property Principles

• Commingled Funds: When separate and community funds are commingled in an account, the entire account is treated as community property unless the separate property portion can be explicitly traced.

• Gift Presumption: Separate real property that is later transferred into the names of both spouses is presumed to be a gift to the community. This presumption can only be overcome by clear and convincing evidence demonstrating a lack of donative intent.

• Scope of Gift: When property originally purchased with a spouse’s separate funds is gifted to the community, the gift is understood to encompass any monies previously spent by that spouse to acquire it.