Thistle4809
New
Reged: 05/30/08
Posts: 2
Loc: Phoenix, AZ
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The state of Arizona is a 50-50 state. If the man has been paying all bills for 30 years, paid off the womans debt and gave her savings, is there anything that can be done so she cannot take half of the assets??
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stoltz
Platinum

Reged: 01/29/07
Posts: 1478
Loc: Texas
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I'd say your chances are slim to none. The courts could care less you paid all the bills, paid her debt and gave her money from your savings while married. All they would probably care about are individual assets pre-marriage and assets acquired (whether individually or mutually) during your marriage.
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gigi
Platinum
 
Reged: 11/06/06
Posts: 4790
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They're going to say you did that voluntarily while you were married and if you didn't agree to that system of handling your joint business, with her doing whatever it was with her time... then you should have gotten rid of her LONG ago, before her own income and savings potential was destroyed.
Edit: Well, they probably won't come right out & SAY it, but that's part of the reasoning behind alimony in the first place. What they'll SAY is "too bad, you owe". And you'll be lucky if you get any kind of explanation.
Edited by gigi (05/30/08 04:41 PM)
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Jada
Platinum

Reged: 06/02/07
Posts: 3219
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[quote]The state of Arizona is a 50-50 state. If the man has been paying all bills for 30 years, paid off the womans debt and gave her savings, is there anything that can be done so she cannot take half of the assets?? [/quote]
In a community property state, assets and debt are split 50/50. So, yes, she can take her half of the assets.
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jbar
Platinum
Reged: 12/16/06
Posts: 977
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If you have kids the court will take not only half your assets, but any house as well, with the woman being awarded custody. Add to this alimony, if she cannot make enough to support herself, and you are pretty well taken to the cleaners. Courts seem to have a principle maintaining that a woman and children "must be maintained in the manner to which they have become accustomed", but have no qualms about forcing a man to move out of his house and into a furnished room, or even a shelter, in order to provide for such care of his family. And all this simply because (in most cases) the man has done NOTHING WRONG and she is merely tired of him and wants her freedom. And why shouldn't she, if she can still have everything she had before the marriage AND MORE, be able to party and fornicate any time she wishes, and not have to cook or wash for him??
Any suggestion that this massive transfer of assets, from men to women, by way of "community" or "marital" property law is improper cannot be acted upon, as politicians consider the taking of any action to any possible disadvantage of the female gender to be the "third rail" of state politics, resulting in the immediate (political) death of the politician involved.
The only solution is to act EARLY ENOUGH, before any divorce, and either get your money out of the country, buy gold coins which do not have to be reported at sale (some do, some don't--check the web for dealers' sights for this info)* or place it in an instrument which involves a third party, whose rights will be unfairly tread upon if a court awards any of this to your wife. These include limited partnerships, trusts, and annuities. The more protection you get from judgements with these instruments, the more difficult it becomes for you, yourself, to get at your own assets. I personally prefer annuities, and Swiss annuities in particular. If the annuity only pays enough for you to live on, then they cannot attach the distributions, and even if they could, the legal costs involved to go after each payment would be prohibitive. By law, annuity distributions cannot be ordered paid to anyone but the beneficiary named in the contract. Quit work now, and live off the annuity. When you retire, your social security checks--and any accumulation of them--will, likewise, be immune to any judgements of any kind and, by law, cannot even be termed "property" for any legal purposes.
*Never put anything in a safety deposit box, if you don't want it given one-half to your spouse in the event of a divorce. Her lawyer will immediately locate the box and "seal" it for later inventory and "distribution".
Disclaimer: Not legal advice
Edited by jbar (05/31/08 05:49 PM)
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