IN RE MARRIAGE OF WALDREN

No. CV-07-0019-PR.

171 P.3d 1214 (2007)

In re the MARRIAGE OF Jana WALDREN, Petitioner-Appellee, and State of Arizona ex rel. The Department of Economic Security, Appellee, v. George Waldren, Respondent-Appellant.

Supreme Court of Arizona, En Banc.

December 3, 2007.


Attorney(s) appearing for the Case

Franks & Sheldon, P.C. by Todd Franks, Paula G. Kirby and The Cavanagh Law Firm, P.A. by Philip C. Gerard, Helen R. Davis, Christopher Robbins, and Law Offices of Robert Jensen, P.L.C. by Robert A. Jensen, Phoenix, Attorneys for Jana Charisse Waldren.

Gillespie, Shields & Associates, P.C. by DeeAn Gillespie, Mark A. Shields, Phoenix, Attorneys for George Waldren.

Barry L. Brody, P.C. by Barry L. Brody, Phoenix, Attorneys for Amicus Curiae Arizona Chapter — American Academy of Matrimonial Lawyers.

State Bar of Arizona by Robert B. Van Wyck, Chief Bar Counsel, Phoenix, Attorneys for Amicus Curiae State Bar of Arizona.


OPINION

BERCH, Vice Chief Justice.

¶ 1 We have been asked to decide whether a statutorily non-modifiable spousal maintenance provision in a decree of dissolution of marriage is subject to termination under Arizona Rule of Civil Procedure 60(c)(5). We hold that it is not.

I. FACTS AND PROCEDURAL HISTORY

¶ 2 In 1986, George Waldren ("Husband") and Jana Larson ("Wife") married. Thirteen years and three children later, Wife petitioned...

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