Spousal maintenance can be modified by showing a substantial and continuing change of financial circumstances. Well what does that mean? It can mean any number of things. It can mean that you changed jobs. It can mean you have moved. It can mean you have less parenting time. It can mean that you suffered a catastrophic injury and you’re not able to work anymore. Each case is unique and it requires a specific inspection by the attorney who you hire. Also to consider, if your decree says that spousal maintenance is non-modifiable, unfortunately at that point, the court doesn’t have the power to modify, so the answer to the question then would be no. But again, I would love to talk to you more about your case and if you’d like to talk to me, you can email me.
To modify spousal maintenance in Arizona, contact a Scottsdale divorce attorney.
Spousal maintenance can be modified by showing a substantial and continuing change of financial circumstances. Well what does that mean? It can mean any number of things. It can mean that you changed jobs. It can mean you have moved. It can mean you have less parenting time. It can mean that you suffered a catastrophic injury and you’re not able to work anymore. Each case is unique and it requires a specific inspection by the attorney who you hire. Also to consider, if your decree says that spousal maintenance is non-modifiable, unfortunately at that point, the court doesn’t have the power to modify, so the answer to the question then would be no. But again, I would love to talk to you more about your case and if you’d like to talk to me, you can email me.
To modify spousal maintenance in Arizona, contact a Scottsdale divorce attorney.
In most circumstances, you can’t keep your spouse’s health insurance after a divorce. You can, however, convert your spouse’s health insurance to your own plan under HIPAA, the Health Insurance Portability and Accountability Act. Most people know this as COBRA. It’s a wonderful thing to be able to keep your insurance for another (36) thirty-six months. Unfortunately, it’s also very expensive. For details, contact me, Greg Davis, at (602) 279-1900.
By: Greg Davis
In most circumstances, you can’t keep your spouse’s health insurance after a divorce. You can, however, convert your spouse’s health insurance to your own plan under HIPAA, the Health Insurance Portability and Accountability Act. Most people know this as COBRA. It’s a wonderful thing to be able to keep your insurance for another (36) thirty-six months. Unfortunately, it’s also very expensive. For details, contact me, Greg Davis, at (602) 279-1900.
By: Greg Davis
This is probably the most asked question at social gatherings. In a legal separation, you still divide your assets and debts, and determine custody, which is now called legal decision-making, parenting time, child support and alimony. Both parties have to agree to the legal separation and if either party objects to obtaining a legal separation, the court will convert your case to a dissolution of marriage.
The difference is that when you obtain a decree of legal separation, both parties will continue to be husband and wife, instead of terminating their marital relationship. A husband and wife may choose this option when they want to divide their assets and no longer be responsible for the debts of the other spouse, but want to remain husband and wife for religious reasons or for health insurance purposes.
If it’s for health insurance purposes, you will need to make sure your spouse’s health insurance policy allows you to have continued coverage after the entry of the decree for legal separation. If you have additional questions regarding the differences between a divorce and legal separation, please contact me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation. I look forward to meeting with you.
This is probably the most asked question at social gatherings. In a legal separation, you still divide your assets and debts, and determine custody, which is now called legal decision-making, parenting time, child support and alimony. Both parties have to agree to the legal separation and if either party objects to obtaining a legal separation, the court will convert your case to a dissolution of marriage.
The difference is that when you obtain a decree of legal separation, both parties will continue to be husband and wife, instead of terminating their marital relationship. A husband and wife may choose this option when they want to divide their assets and no longer be responsible for the debts of the other spouse, but want to remain husband and wife for religious reasons or for health insurance purposes.
If it’s for health insurance purposes, you will need to make sure your spouse’s health insurance policy allows you to have continued coverage after the entry of the decree for legal separation. If you have additional questions regarding the differences between a divorce and legal separation, please contact me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation. I look forward to meeting with you.
In Arizona, there’s no specific amount a spouse might receive with respect to spousal maintenance. If you look on the internet, you will find spousal maintenance guidelines, containing a formula. That formula was rejected by the Arizona courts. A.R.S section 25-319(B) governs how much spousal maintenance a court will award. For more details, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
In Arizona, there’s no specific amount a spouse might receive with respect to spousal maintenance. If you look on the internet, you will find spousal maintenance guidelines, containing a formula. That formula was rejected by the Arizona courts. A.R.S section 25-319(B) governs how much spousal maintenance a court will award. For more details, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
Hi. I’m Mitch Reichman. I’m a board certified family law specialist, and I practice at Jaburg & Wilk.
Community property in Arizona is- it creates a presumption that everything that’s acquired during the marriage by either spouse is owned by the community. It means it’s owned by them jointly. They each have an undivided 100% interest in all of the community property.
If you put money into a business and started the business before marriage, the character of your assets doesn’t change by virtue of you getting married. So if you come into the marriage with a business that’s a growing concern, that business is your separate property. The difficulty is if you are working in the business and the business increases in value during the marriage. How to apportion the increase in value between what the business was in terms of it’s value and earning potential at the time of the marriage, at which time it was your separate property, and how it’s changed during the course of the marriage. Those are very difficult questions to answer, and require typically experts to do that kind of evaluation.
There is a relatively easy way to protect your business or any other separate property before you get married. And that is to have a premarital agreement. Premarital agreements are presumptively enforceable in the state of Arizona. We have adopted something called the Uniform Premarital Agreement Act. And under the Act, as long as you follow certain guidelines, there is a very strong probability that the court will enforce that agreement.
They need to be prepared for a forensic evaluation of their business. Someone is going to be looking at all of the personal benefits they get from the business, and attempting to quantify them. They’re going to be looking for any unusual transactions, they’re going to be looking for any unusual activity in the business that suggest that somebody might be divorce planning. And so what you want to do, is you want to operate as you always have to the extent that you can, and if there is some event or occurrence that causes you to need to do something special, you want to document it as best you can.
Hi. I’m Mitch Reichman. I’m a board certified family law specialist, and I practice at Jaburg & Wilk.
Community property in Arizona is- it creates a presumption that everything that’s acquired during the marriage by either spouse is owned by the community. It means it’s owned by them jointly. They each have an undivided 100% interest in all of the community property.
If you put money into a business and started the business before marriage, the character of your assets doesn’t change by virtue of you getting married. So if you come into the marriage with a business that’s a growing concern, that business is your separate property. The difficulty is if you are working in the business and the business increases in value during the marriage. How to apportion the increase in value between what the business was in terms of it’s value and earning potential at the time of the marriage, at which time it was your separate property, and how it’s changed during the course of the marriage. Those are very difficult questions to answer, and require typically experts to do that kind of evaluation.
There is a relatively easy way to protect your business or any other separate property before you get married. And that is to have a premarital agreement. Premarital agreements are presumptively enforceable in the state of Arizona. We have adopted something called the Uniform Premarital Agreement Act. And under the Act, as long as you follow certain guidelines, there is a very strong probability that the court will enforce that agreement.
They need to be prepared for a forensic evaluation of their business. Someone is going to be looking at all of the personal benefits they get from the business, and attempting to quantify them. They’re going to be looking for any unusual transactions, they’re going to be looking for any unusual activity in the business that suggest that somebody might be divorce planning. And so what you want to do, is you want to operate as you always have to the extent that you can, and if there is some event or occurrence that causes you to need to do something special, you want to document it as best you can.
A judge can decide a number of things in your divorce case. Most commonly, the judge will divide your assets, the judge will divide your debts, and if you have common children with your spouse, the judge will award child support to the custodial parents or outline parenting time in the parenting plan, but each case is different so you’ll need an attorney that will be able to identify all of your legal issues and make sure that they make it into the decree either by consent or through trial. If you’d like to discuss your divorce case with me, feel free to email me.
A judge can decide a number of things in your divorce case. Most commonly, the judge will divide your assets, the judge will divide your debts, and if you have common children with your spouse, the judge will award child support to the custodial parents or outline parenting time in the parenting plan, but each case is different so you’ll need an attorney that will be able to identify all of your legal issues and make sure that they make it into the decree either by consent or through trial. If you’d like to discuss your divorce case with me, feel free to email me.
Hello, I want to speak to you today about the difference between a divorce and legal separation in the state of Arizona. In actuality, there are very few differences between the two and in both cases the court is going to divide your assets, divide the community debts, enter orders for custody of the children, order child support, if appropriate in both cases, the court will order alimony, or what we refer to as spousal maintenance.
The only difference between a legal separation and a divorce then is, the spouses are not returned to the status of being single people and are not free to remarry. If you have any other questions regarding the differences between a divorce and a legal separation, please feel free to contact me.
By: Chris Hildebrand
Hello, I want to speak to you today about the difference between a divorce and legal separation in the state of Arizona. In actuality, there are very few differences between the two and in both cases the court is going to divide your assets, divide the community debts, enter orders for custody of the children, order child support, if appropriate in both cases, the court will order alimony, or what we refer to as spousal maintenance.
The only difference between a legal separation and a divorce then is, the spouses are not returned to the status of being single people and are not free to remarry. If you have any other questions regarding the differences between a divorce and a legal separation, please feel free to contact me.
By: Chris Hildebrand
Alleged fathers very frequently deny paternity. They’re facing 18-years of child support, they’re ticked off at the mother, they’re splitting up and frequently they just don’t have anything to do with the mother or any part of her. But, it’s not something he can avoid.
The court will order him to be tested. DNA tests are just as routine as getting up in the morning for breakfast. The court will order it or the parties will agree together to do it and often can work it out without the necessity of testing but, we very often lend a lot of help to people in that connection by at least getting them to calm down a little bit for a few minutes and consider the matter. We work it out with them and people can call us whenever they like.
By: CD Owens
Alleged fathers very frequently deny paternity. They’re facing 18-years of child support, they’re ticked off at the mother, they’re splitting up and frequently they just don’t have anything to do with the mother or any part of her. But, it’s not something he can avoid.
The court will order him to be tested. DNA tests are just as routine as getting up in the morning for breakfast. The court will order it or the parties will agree together to do it and often can work it out without the necessity of testing but, we very often lend a lot of help to people in that connection by at least getting them to calm down a little bit for a few minutes and consider the matter. We work it out with them and people can call us whenever they like.
By: CD Owens
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