Full question:
In Arizona, if the wife is requesting the divorce - and the husband can prove that she has been committing adultery, can she still receive half of everything they own - including what he acquired prior to their marriage? What are the husband's rights? (I am asking this on behalf of a friend).
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Colorado
Answer:
Arizona is a community property state, meaning property acquired before marriage generally remains with the original owner. Property gained during the marriage is typically divided equally in a divorce. Courts in Arizona distribute community property as they see fit, focusing on fairness rather than marital misconduct, after separating each spouse's separate property (Arizona Revised Statute 25-318).
Community property usually includes earnings from the marriage and assets purchased with those earnings. Debts incurred during the marriage are also considered community property, unless creditors sought repayment from a spouse's separate property.
Separate property includes gifts or inheritances given solely to one spouse, personal injury awards, pension benefits that vested before marriage, and properties bought with separate funds. A business owned by one spouse before marriage remains separate, although its increase in value during the marriage may be deemed community property if both spouses contributed to it.
Disputes often arise over the classification of assets, especially if separate and community properties are mixed. For example, if a house owned before marriage has mortgage payments made during the marriage, it may complicate the division. The primary residence is often the largest asset, and courts may favor the custodial parent in retaining it, which could necessitate compensation arrangements for the other spouse.
Pensions are typically the second largest asset. If there are sufficient other assets, courts may leave pension rights with the earning spouse. Otherwise, a Qualified Domestic Relations Order (QDRO) may be issued to divide the pension.
When couples share a business, determining its division involves complex valuation issues. The couple or court must decide who retains the business and assess its worth, which may require expert evaluation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.