Legal Question in Family Law in Arizona

splitting assets

ROUGHLY THE SITUATION. HE'S on disability ROUGHLY POLICY PAYS 4000 MONTH (TERM.ILLNESS) SHE WAS GOING TO DEVORSE SEVERAL YRS AGO BUT THEN HE BECAME DISABLED.SHE STAYED TO TAKE CARE OF HIM. THEY WERE MAKING 300,000.00 YR

The total assets are significant . She is still working. How does HIM being disabeled affect the division of assets.. can alimoney be taken from disability pay?.THERE IS A 14 YR OLD CHILD THAT WANTS TO STAY WITH MOTHER.

SHE CAN NOT TAKE THE VERBAL ABUSE .. AND HAS FOUND MYSELF WE DESIDED WE WANT START A LIFE TOGETHER.. IN THE LAST 2 MONTHS SHE HAS BECAME PREG. W/MY CHILD.

.THERE HAS BEEN NO FILING BFOR SEPERATION . THE 3 OF THEM LIVE IN THE SAME HOUSE ON 2 ACRES HORSE PROPERTY.

IF YOU COULD GIVE ME A FEW DIFF POSSIBLE OUTCOMES

DEPENDING ON WHEN SHE FILES WHEN AND IF WE SHOULD GET MARRIED ..

TY VERY MUCH


Asked on 5/22/06, 12:21 am

1 Answer from Attorneys
Rich Peters R. J. Peters & Assoc., P.C.

Re: splitting assets

Yes, disability income can be used in spousal maintenance calculations. Property most likely will be divided equally, and the disability should not effect the division.

A subsequent remarriage will terminate any spousal maintenance request, unless the parties agreed otherwise (which would be unlikely).

Your child, if born during her marriage to another, is presumed by law to be a child of that marriage. However, that issue can be addressed in the dissolution or separation matter.

I can explain the procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Alicia to schedule a free 1/2 hour consultation.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602x254x7251

602x254x1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 5/22/06, 10:20 am


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