Az. community property laws are S.S.benifits or a disability checks subject to division?

Question

According to the Arizona community property laws are my Social Securty and my disability subject to division? I also need to know that if I made purchases after I was served divorce papers is that subject to community property?

Answer 1

As coragryph says, the answer depends on Arizona law. So I don't know why he gives a law school answer based on theory. Theory only helps you in court when you have no arguments based on statute or case law.

As it happens, there is a law: Ariz.Rev.Stat. § 25-211(2), amended in 1998 to EXCLUDE FROM COMMUNITY PROPERTY that which is "[a]cquired after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment."

(Mentioned in Kelly v. Kelly, 198 Ariz. 307, 9 P.3d 1046, 330 Ariz. Adv. Rep. 6 (2000) which concerned respective division of future Social Security and Civil Service Retirement benefits.)

Answer 2

Generally, assets that vested because of events or actions during marriage are considered community property.

So, the SS or disablity earned during marriage, which would replace income, would generally be considered community property. Anything earned after permanent separation would likely be not split, unless the pension vested because of employment during marriage. In that case, it is usually pro-rated.

Anything purchased with community property (marital assets) generally remains community proprety, even if purchased after separation. So, it depends on what funds were used to make the purchases. Remember that any money earned during marriage is generally considered a community asset, even if it's "your" job.

This is generaly community property law. Arizona my do things a bit differently. An Arizona-licensed attorney can give you details.

Answer 3

Andy was right about it to