Is total cash assets the amount when he left the marriage or when papers are filed?

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Is total cash assets the amount when he left the marriage or when papers are filed?

He is spending money while we are separated. I have proof of what our cash assets were when he moved out. He is taking his time doing the divorce papers. What total of cash assets should be used?

Asked on June 26, 2009 under Family Law, Arizona

Answers:

Monica Donaldson / Donaldson Stuart, PC

Answered 11 years ago | Contributor

Generally speaking, assets are divided based on their value at the date the community ended (the date a divorce petition is served on the other party); however, if you believe that he has "wasted" community funds (e.g. used them for an improper, not "community property" purpose), you may be able to ask the court to order that he account for the funds he used, and if they were used improperly, you may be able to get a judgment for reimbursement of your half of the funds.

You should speak with an attorney to obtain legal advice and find out your options. It might be beneficial to consider filing the paperwork yourself instead of waiting for him to do it. Our firm offers a free 30-minute consultation, so please call (480) 792-9770 to schedule a time to meet with one of our attorneys to discuss the details of your situation.

** This response is offered as general information only and does not constitute legal advice or otherwise establish an attorney-client relationship. **


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