Legal Question in Family Law in Arizona

If a person choses legal separation over divorce does the spouse continue to accumulate rights to retirement benefits once the legal separation is final (other than what they are already entitled to).


Asked on 12/05/13, 1:46 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Service of a Petition for Legal Separation terminates the marital community, so benefits accumulated by either spouse after that date are not considered community property and therefore neither spouse has a claim to benefits accumulated by the other spouse. In this way, legal separation and divorce are the same.

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Answered on 12/05/13, 1:59 pm


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