How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

Under AZ. law where we live if a legal separation is obtained are assets split just as the

This answer was rated:

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 3 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.

Dimitry K., Esq. and 8 other Family Law Specialists are ready to help you

Related Family Law Questions