Legal Question in Family Law in Arizona
My husband and I are not divorced yet. We have 4 children together. He received a rather large bonus from work. My question is, is he legally required to split the bonus with me 50/50? He is only giving me about 1/4 of the amount and believes that because he is trying to find a place that he can keep whatever amount he wants. Also, is spousal support retroactive to the separation date?
2 Answers from Attorneys
If the bonus represents compensation for work performed prior to service of the petition then it belongs to both of You. Maintenance won't be awarded back further than the first of the month after service usually. I'd consult with an experienced lawyer before finalizing anything.
The amount of the bonus that you are entitled to depends on what portion of such was earned BEFORE the Petition for Dissolution was served. Spousal Maintenance can only be retroactive to the first day of the fist month after the Petition was served.
We can certainly help you consider and then pursue your options for pursuing spousal maintenance and your strongest claim towards the bonus.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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