If I live in a community property state AZ is my spouse entitled to half of our joint assets regardless of the cause of divorce?

see question

Asked on July 6, 2016 under Family Law, Arizona

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Most states have gone to 'no fault' divorces which mean that fault is not as big of an issue as it was twenty plus year ago.  Many years ago, if a spouse was guilty of adultery, then the other spouse could easily obtain an uneven division of property.  Because of the changing and more liberal changes in society and the increased frequency in marital affairs, fewer and fewer judges award uneven property divisions on these types of causes.
However, this is not an absolute statement.  If one spouse defrauds the other spouse (for example, by giving away assets to a boyfriend/girlfriend), then the court can award more than half of the assets to one spouse to make up for the losses.  Pre- and post-marital agreements have also have contractual provisions which provide for the uneven division of property.
So... bottom line to your question, is that it is possible to get an uneven distribution.  However, it's not a guarantee result if the fault provision are not that eggregious.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.