“DOUBLE DIPPING” IN DIVISION OF A BUSINESS AND IN SPOUSAL MAINTENANCE CALCULATIONS

If you are divorcing and you or your spouse own a business, it is important to be aware of the concept of “double-dipping” as it applies to asset division and spousal maintenance awards. Because Arizona is a community property state, if a business was started – or if the value increased – during a marriage

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“RECAPTURING” THE INCOME OF THE SELF-EMPLOYED SPOUSE OR PARENT

In determining spousal maintenance and/or child support in a family court case, the Court must determine the income of the parties. Typically, this is a fairly simple process of looking at paystubs, W2s, tax returns, etc. Sometimes there are small curveballs thrown in such as variable bonuses, commissions pay, and the like. But what about

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STOCK OPTIONS: BOTH AS COMMUNITY ASSETS AND AS INCOME

It has become increasingly popular for companies to offer stock options as part of an overall benefit package to attract and keep employees. Typically these stock options are granted at a certain time but do not vest until 1, 2, and even 3+ years into the future, giving the employee motivation to stay with the

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CHANGES TO SPOUSAL MAINTENANCE IN ARIZONA

On April 5, 2018, the Arizona Legislature changed the spousal maintenance statute to make it easier for some spouses to qualify for spousal maintenance when divorcing. Getting Spousal Maintenance in Arizona A.R.S. § 25-319 is the statute in Arizona that addresses when a spouse qualifies for spousal maintenance and, if so, the amount and duration of the support to

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