Disposition of Assets During a Divorce in Arizona
Whenever a couple are divorced in Arizona, they must distribute all property between them. Arizona law establishes how courts and couples can distribute assets during a divorce and split up all property at the conclusion of the case. These laws can be difficult to understand or apply to individual cases, so talk to an Arizona divorce attorney if you need legal advice.
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Divorce Filing
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As soon as a person files for divorce in Arizona, the court issues an order that prevents either spouse from transferring or otherwise disposing of marital property, according to Arizona Statutes section 25-315. Either spouse can, however, dispose of assets or property if it is necessary to the ordinary course of business, daily life or otherwise needed for court expenses. The court can modify this order as it deems appropriate.
Property
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Arizona courts divide all marital property on a "community property" basis. This means that all assets, or debts acquired during the marriage by either spouse, get divided equally between them, according to Arizona statutes 25-318. Community property does not include sole and separate property in community property distributions, meaning any property a spouse owned before becoming married is not generally included in the 50-50 split. However, assets owned before marriage can become community property in some situations, such as when one spouse owned a car before the marriage but the other spouse made payments or repairs on it during the marriage.
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Spousal Maintenance
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Arizona courts can also order spousal maintenance, commonly referred to as alimony. Arizona Statutes section 25-319 states that a court can order alimony after considering the financial abilities and needs of each spouse, measuring these by evaluating several factors. The court includes in its evaluation the property owned by either party, meaning it can order alimony only after distributing property between the spouses.
Prenuptial Agreements
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Arizona also allows couples to enter into prenuptial agreements, often called prenups, that can determine how assets get divided during a divorce. Arizona Statutes section 25-202 states that all prenuptial agreements must be made in writing and signed by both spouses. The spouses can include any property terms they wish as long as they do not create an "unconscionable" result. The court has wide discretion in determining what constitutes an unconscionable agreement.
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References
- Photo Credit Arizona state contour with Capital City against blurred USA flag image by Stasys Eidiejus from Fotolia.com
