What is Spousal Maintenance?

Spousal maintenance, also known as alimony or spousal support, is a court order requiring one spouse to pay the other a certain amount of money in a timely manner either throughout the divorce proceedings or after the divorce has concluded.

Spousal maintenance is not awarded in all Arizona divorce cases. Rather, one spouse must be able to prove that they require extra financial support from their soon-to-be ex-spouse after the divorce. Spousal maintenance is meant to help spouses who earn lower incomes maintain a lifestyle that they have enjoyed or become accustomed to until they can become self-sufficient after the divorce.

This financial assistance is meant to provide help so that they do not struggle needlessly during the transition period following the dissolution of marriage.

In most cases where spousal maintenance is awarded, the married couple had a dynamic where one pursued his or her career and the other was the primary caregiver of their children, maintained their home, and made other sacrifices to their own career and earning opportunities in support of their spouse. The need for spousal maintenance will be determined on a case-by-case basis.

Spouses looking to obtain spousal maintenance after a divorce are encouraged to retain professional legal representation from experienced divorce lawyers to represent their legal matters.

There are different types of spousal maintenance in Arizona.

  1. Temporary spousal maintenance is typically granted during divorce proceedings. It addresses the immediate financial needs of the soon-to-be ex-spouse, who is less financially secure. Temporary spousal maintenance tends to continue until a family law judge terminates the order or until the divorce is resolved.
  2. Permanent spousal maintenance may be awarded in cases where one spouse is unable to attain a standard of living like that which they enjoyed during the marriage due to factors beyond their control. Permanent spousal maintenance is not common.
  3. Rehabilitative spousal support is focused on aiding the recipient spouse as they seek to acquire the necessary education or training to achieve financial independence.

Arizona spousal support laws outline guidelines, considerations, and calculations for ensuring a fair award to the recipient spouse. In addition to making it fair for the recipient, they must also be fair to the spouse who is obligated to pay spousal maintenance, as it should not be more than they can afford.

How to Properly Prepare Your Finances for Arizona Divorce Proceedings?

When going through a divorce, it is necessary to be honest and upfront about all of your assets and liabilities. Your financial bank accounts, business interests, debts, and other financial matters will be under close scrutiny throughout the divorce proceedings.

Failure to disclose assets or willfully hiding those assets can be met with consequences.

To adequately prepare for divorce proceedings, it is recommended that you first consult with an experienced divorce attorney. Then, begin gathering all relevant financial documents, such as tax returns, credit card statements, bank statements, mortgage paperwork, and investment account statements. It’s necessary to establish a clear idea of your income, marital assets, debts, and expenses.

Identify which assets are separate property and which are marital property. Arizona is a community property state. In a divorce, shared marital property will be divided between the two parties, but separate property will not.

Review your credit reports, create a budget, and consider the tax implications of a divorce. Then, it’s time to consider updating your estate plan documents.

What Are Hidden Assets in Spousal Maintenance Cases?

Hidden assets in a divorce case are any asset, property, account, or valuable that a spouse fails to disclose during the divorce proceedings in order to purposely keep it separate from the pool of community property subject to equal distribution under Arizona law.

By hiding these assets, a spouse can claim that they make less money than they do or otherwise do not have the assets to provide adequate spousal maintenance support to their ex-partner.

Hidden assets can range from real estate property, business interest, personal investments, and secret bank accounts.

How to Tell Whether Your Spouse is Hiding Assets?

The following may be signs that your spouse is hiding assets:

  •         A spouse is making uncharacteristically extravagant purchases.
  •         Account statements ceased to arrive in the mail.
  •         An unexplainable decline in reported income.
  •         Bills stop getting paid.
  •         Discrepancies in financial documents like tax returns, business records, and bank statements.
  •         Overcomplicating and catastrophizing financial matters.
  •         Sudden changes in financial behavior.
  •         Unexplained withdrawals from joint bank accounts.
  •         Your access to a previously joint-owned account has suddenly been blocked.

·         Your spouse suddenly invests money into cryptocurrency.

What is the Discovery Process?

During the discovery period of the divorce process, both spouses are required to submit full financial disclosure forms. The spouses and their attorneys then review the other spouse’s financial disclosures and, if necessary, may request additional documentation. Financial disclosure should include all marital and individual assets, debts, income, and property.

During discovery, a spouse looking to hide something may consider the following tactics:

  • Hiding assets and valuables in a safety deposit box.
  • Hiding bills.
  • Overstating debts.
  • Reporting lower incomes.
  • Requests to employers to defer salary until after the divorce has been finalized.
  • Transferring financial assets to overseas accounts.

The discovery process is a critical phase in divorce proceedings because it ensures transparency and fairness in the division of property and financial responsibilities.

Both spouses must provide accurate and complete information about their financial situation, including bank accounts, retirement accounts, investment portfolios, real estate holdings, business interests, and any other relevant financial circumstances. Failure to disclose significant assets or providing misleading information can result in serious consequences, including penalties imposed by the court.

Attorneys often play a vital role during discovery by scrutinizing the financial records submitted and identifying any inconsistencies or signs of asset hiding. They may request additional financial documents such as tax returns, credit card statements, mortgage payments, and records of the spouse’s typical spending habits to get a comprehensive understanding of the marital estate.

In complex cases involving significant assets or business interests, forensic accountants may be brought in to assist in locating hidden assets and analyzing financial programs used to conceal income or property.

The courts encourage divorcing spouses to cooperate fully during discovery to facilitate an equitable division of community assets and ensure that all property owned by either spouse is properly accounted for. This cooperation helps prevent delays and reduces the likelihood of contentious disputes over property division and spousal maintenance.

Ultimately, the discovery process is designed to provide an accurate determination of the financial interests of both parties, which is essential for a fair and just divorce settlement.

How to Divide Property in Arizona When a Spouse is Hiding Assets

Dividing property in Arizona becomes particularly challenging when one spouse is suspected of hiding assets. Arizona is a community property state, meaning that most property and assets acquired during the marriage are considered community property and are subject to equal division between spouses upon divorce. However, when a spouse conceals assets, it disrupts the equitable division process and complicates the determination of what belongs to the marital community versus what is considered separate property.

When a spouse hides assets, these can include cash, bank accounts, investments, retirement accounts, real estate, business interests, or valuables. Sometimes, assets may be transferred to overseas accounts, placed in the name of a third party, or converted into other forms such as cryptocurrency to avoid detection. In other cases, spouses may underreport income, overstate debts, or delay payments to reduce the apparent value of their financial holdings.

The first step in addressing hidden assets is the discovery process, where both spouses are required to submit full financial disclosure forms detailing all assets, debts, income, and property. During this phase, attorneys and forensic accountants scrutinize financial records, bank statements, tax returns, and spending habits to identify discrepancies or signs of asset hiding.

They may also request appropriate documents such as business records, mortgage payments, and other financial documents to get a complete picture of the marital estate.

If a spouse is found to be hiding assets, the court has several tools to address this misconduct. The court may order a compensatory division of assets, awarding a larger share to the non-offending spouse to rectify the imbalance caused by concealing assets.

In some situations, the court may freeze the spouse’s accounts to prevent further withdrawing assets or transferring them to avoid division. This injunction helps preserve the marital estate until a fair and equitable settlement is reached. It is crucial for spouses facing these issues to work closely with experienced family law attorneys who understand the financial aspects of divorce and can effectively investigate and address asset hiding.

What Are the Consequences for Hiding or Misrepresenting Assets?

These include:

  •         Contempt of court charges.
  •         Court orders to pay the other spouse’s legal fees.
  •         Criminal perjury charges with the potential for jail time.
  •         Family law judges may decide to award more assets to the other spouse.
  •         Fines.
  •         And other penalties.

Schedule A Case Evaluation with Our Experienced Attorneys Today

If you believe that your spouse is hiding assets, you have a difficult problem to solve. It’s important that you first speak with family law attorneys.

Our lawyers can assist you during the discovery phase by filing motions to request thorough documentation and paperwork from the other spouse. In high-asset divorces, our highly reviewed legal team may also consult with forensic accountants who specialize in discovering and uncovering hidden assets.

In extreme cases, your divorce lawyer may request an injunction from the family law court to freeze your spouse’s bank accounts to prevent them from further concealing their assets.

To discuss how to divide property in Arizona when a spouse is hiding assets in more detail, please contact us at 480-448-0608.