What is a wife entitled to in a divorce in Arizona?
Arizona has an unclear response to this question. The judge in each case ultimately decides what to grant or to distribute to both sides. Any final divorce decree typically includes an equitable property distribution, child custody decisions, support decrees, and spousal maintenance agreements.
Arizona’s Divorce Laws and Property Division Procedures
In Arizona, all earnings and accumulations during the marriage are believed to be property owned by both spouses 50/50 (as opposed to an equitable distribution state). This assumption, however, can be disproved by providing proof that the wife genuinely owns less than 50% of the assets or income in question. Unless otherwise shown, it is assumed to be “community” and distributed equally if there is no convincing evidence that her portion is greater than half. Let’s take an example.
If a wife earned $40 K as a paralegal and the husband made $80 K as a dentist, their combined income would be 120K. But if they were to get a divorce, the wife might prove that she only owns a portion of the assets in question (her $40K income plus the community share of their combined income), and as a result, she would be entitled to a share equal to half of her husband’s income ($80K). Arizona law will grant the woman a sum equal to one-half the amount of money her husband made throughout the marriage if it cannot be simply proved that she held more than half of the property or earnings by clear and convincing evidence.
What is a wife entitled to in an Arizona divorce?
Community Property
Arizona recognizes what’s called communal property. All assets acquired by either spouse during the marriage will be split equally between the couple, with some exceptions. For instance, if a marital asset was acquired during a divorce as a consequence of an inheritance or gift from someone other than your spouse, it would not need to be divided equally with them and may instead remain in the possession of the party who received it first.
Pensions, 401Ks, and IRAs
Pensions, 401(k)s, and IRAs are all regarded as community property in Arizona. This implies that, in most situations, they must be divided equally during a divorce. The only exception is if any of these accounts were financed prior to the marriage, in which case they would constitute separate property, unless both parties agreed otherwise or a court so ordered.
Separate Property
Any purchases made by one spouse from a third party before the marriage are referred to as separate property. In most states, generally speaking, the spouse who owns separate property can exercise authority over it.
Included in separate property are:
1.Gifts received before or during a marriage
Under Arizona law, gifts given to one spouse are regarded as separate property. The gift is not regarded as joint property and can be given away without their partner’s consent if they so desire, regardless of whether it was given by one of them or by a third party.
2. Inheritance
The same laws apply to gifts and inherited property in Arizona. Therefore, if a wife happens to have inherited assets obtained either before or during her marriage, she will be the only one to keep them.
3. Property acquired following a divorce
If there was no agreement regarding who would keep the money produced during the separation, then separate property also includes any property bought with that money.
4. Other assets
These include resources that can be connected to other separate property, such as cash from the sale of a home purchased prior to marriage.
When is it acceptable for a wife to get spousal assistance or alimony?
Only in circumstances when the couple has been married for more than ten years and there is a large economic gap between them is alimony, which is a monthly payment from a higher-earning spouse to a lower-earning spouse, granted. If it was decided that spousal support should continue after a divorce either before or during the court proceedings, it might also be ordered.
While the couple is living apart but not yet divorced, the court may order provisional spousal support as part of a final decree up until the point at which they agree on an end date for any support payments.
Contact Us
Our skilled attorneys are here to assist you at every stage of the process, whether you’re seeking a divorce or dissolution, deciding child custody, or distributing marital assets. We’ll spend the time necessary to address all of your concerns regarding Arizona’s family laws, your family’s particular circumstances, and the likely outcomes of the case.
Call Goldman Law, LLC at (602) 698-5520 right away to arrange a confidential, one-on-one appointment with a member of our family law team in Arizona.
