Legal Question in Family Law in Arizona

legal separations

are there any benefits to legal separations? will a legal separation detach my spouse from my income for grants..etc?


Asked on 2/19/02, 3:42 pm

1 Answer from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: legal separations

There are only two benefits that I am aware of: (1) You are not "divorced", if the word divorce concerns you from a religious standpoint; and (2) If you both agree, one party can still keep the other insured under "spouse" coverage (unless your policy specifically excludes this). Most insurance contract prohibit coverage once divorced.

Otherwise, a legal separation is quite similar to a divorce. In both, you must address custody, access, support, maintenance and division of property and debt. However, you are not "single" after a legal separation, and would need to actually re-file if you ever waned to end the marriage in its entirety.

Whether you are married, legally separated, or divorced, the spouse who receives the "grant" can still maintain such as his/her sole and separate property. Any gift received during the marriage is the sole and separate property of the recipient.

If you would like additional assistance, please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 2/19/02, 4:25 pm


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