High Asset Divorce – Dividing Your Retirement Accounts

If you’re going through a divorce or legal separation, and you or your spouse have retirement accounts (IRA’s, 401K’s, Pensions) that need to be divided, you will need to hire an attorney to prepare a Qualified Domestic Relations Order, more commonly known as a QDRO, and have it filed with the Court.  A QDRO is

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SHOULD I FILE FOR DIVORCE?

We’ve all heard the statistics that 50% of marriages end in divorce. Filing for divorce is a big decision that not only impacts you and your spouse, but the lives of your children and extended family, as well.  So, how do you know when it’s time to get a divorce? At Owens & Perkins, we

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How Retirement Benefits are Divided in a Divorce: Arizona Community Property Laws

What does “Community Property” mean? In the state of Arizona, all assets acquired during the marriage, by either spouse, are presumed to be community property.  “During the marriage” is defined as the period from the date of marriage to the date of service, or the date a spouse is served with a Petition for Dissolution

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What is a Qualified Domestic Relations Order and why do I need one?

If you’re going through a divorce or legal separation, and you and/or your spouse have retirement accounts, you’ll likely hear something from the court or your attorney about a Qualified Domestic Relations Order, more commonly known as a QDRO. QDROs are the orders that direct the parties and the Plan Administrator(s) of their retirement account(s)

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Preparing For A Divorce – 10 Proven Tips From A Top Divorce Lawyer

Preparing for a divorce may seem on the surface like a deceitful or even selfish thing to do. Many people view it at first glance as a cold, calculated, and manipulative act that a greedy spouse might do before filing for a divorce. But the truth is preparing for divorce can protect you from devastating

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What You Need To Know About High Net Worth Divorce

Divorces are always trickier when there are larger assets involved, and this is especially true when one or both spouses have a lot of money. In high net worth divorce cases, there is more of a push to ensure that everything stays fair, more complex calculations to make for the division of these assets and

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Community Property vs. Sole and Separate Property

In Arizona, there are two different types of property to consider when going through a divorce – community or marital property and sole and separate property. Under Arizona law, all property acquired by either spouse during the marriage is presumed to be community property in which each spouse have an equal ownership interest in, regardless of which

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Enforcement of Orders

As we’ve established over this blog series, things are always changing and sometimes these changes cannot be anticipated. When it comes to sharing custody of children, schedules can often change and compromises will have to be made. Sometimes people’s employment and financial circumstances change and support orders for child support and spousal maintenance need to

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“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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