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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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Under AZ. law where we live if a legal separation is obtained are assets split just as the

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Under AZ. law where we live if a legal separation is obtained are assets split just as they would be in an Arizona divorce?
Since we've put the marriage resources all in her name I don't want her to be able to get a separation, secure the assets, then divorce me.

Thank you for your question.

To answer your question directly, in a separation assets are not yet split. There is a preliminary separation, and also an order stating that all assets earned or obtained after a formal separation is entered are considered to be separate assets, but a full out separation does not yet take place--that only takes place when divorce is granted and entered into.

Hope that helps.

Customer: replied 4 years ago.

This is Arizona - everything here is split in divorce - assets and debts.

Can you request they be split at time of legal separation?

Thank you for your follow-up, Ellis.

There is no split of assets during separation because the parties still remain lawfully married. While a preliminary listing of assets can be made and a preliminary separation of assets can be created, it is not final or binding simply because the parties are still married. A true splitting of assets only takes place either at divorce or via a post-nuptial agreement, but it is not generally done by a separation agreement.

Good luck.

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