In Arizona, What Is A Wife Typically Entitled To In A Divorce?
It can be difficult to navigate the divorce process, especially when you are not familiar with the laws of your state. Arizona is one of those states that does not have a clear-cut answer to this question. In fact, it’s often up to the judge in each case and what they feel is fair for both parties. What I can tell you is that there will generally be an equitable division of property, child custody arrangements, support orders, and spousal maintenance agreements as part of any final divorce decree.
What are the different types of property and financial assets that a wife typically has rights to in Arizona? When is it appropriate for her to get alimony or spousal support?
The first type of property is called community property, which includes anything acquired during the marriage. The second type is separate property, which refers to any acquisitions made before the marriage as well as inheritances and gifts received by one spouse from another person outside of the marriage. Separate property also includes property purchased with money earned during separation if there was no agreement about who would keep such earnings. Finally, joint tenancy belongs equally to both spouses but doesn’t count as marital (community) property because it’s not owned by either spouse.
Alimony, a monthly payment made by a higher-earning spouse to a lower-earning one, is only awarded in cases where the couple has been married for over ten years and there’s a significant income disparity between them. It might also be ordered if it was agreed upon before or during divorce proceedings that spousal support should continue following a divorce.
The court may order temporary spousal support as part of a final decree while the spouses are living separately but not yet divorced until such time as they agree on an end date for any support payments.
So What Is A Wife Entitled To In A Divorce?
Community Property
Arizona is one of the few states that recognizes communal property. This means all property gained by either spouse throughout the marriage will be divided equally between both partners, but there are exceptions to this law. For example, if an asset was obtained during a divorce as a result of inheritance or gift from someone other than your spouse then it would not need to be split evenly with them and instead can remain in full ownership by whoever received it first!
- Arizona is one of the few states that recognizes communal property
- All household goods and possessions will be split equally between both partners, with exceptions
Gifts Given Before or During Marriage
Gifts made to one spouse are considered distinct property under Arizona law. Regardless of whether the present was provided by a third party or by the other, it is not classified as joint property and can be given away without any input from their partner if they so choose.
In Arizona, inherited property is the same as a gift. It’s not subject to community property regulations and doesn’t become involved in any legal disputes that happen during your marriage. So if a wife happens to have inherited properties received prior to marriage or during the course of her marriage, that property will be solely hers to keep.
Pensions, IRAs, and 401Ks
In Arizona, pensions, IRAs and 401Ks are all considered community property. This means they must be split equally during a divorce in most cases. However, there is an exception if any of these accounts were financed before the marriage occurred as it would then become distinct property unless otherwise agreed upon by both parties or decided in court proceedings.
What are the things to remember if you’re in a divorce? Well, there’s a lot. Arizona is one of the few states that still recognizes communal property, and it can be difficult to figure out what belongs to whom when everything is split up fairly evenly. There will be an equal distribution of household goods and possessions – with exceptions for those gifts that don’t fall under joint ownership. If you have any questions about your particular situation contact us! We’ll help answer all those tough legal questions so you know where every item falls as far as who gets them after the divorce proceedings are over.
Are You Looking for a Family Law Attorney Skilled in the Distribution of Property and Division of Debt in a Divorce?
The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes, and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. In Arizona, married couples are required to divide property upon divorce. All property acquired during the marriage will be divided equally between both parties; it is known as community property in this state and applies to all types of possessions (both tangible and intangible), real estate, income, or debts that exist at the time of divorce. This can make dividing marital assets a daunting task if not done correctly from day one because there are certain rules which must be adhered to! During our private, one-on-one consultation, we’ll take the necessary time to answer any and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!
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