Legal Question in Family Law in Arizona

My wife left me for no apparent reason. My question is am I entitled to

alimony and part of her 401 K funds?


Asked on 11/23/09, 5:08 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Generally speaking, each of you is entitled to half of the assets that accumulated during the marriage (which may include her 401k). Spousal maintenance (alimony) is a grayer area, and depends on many factors, including each of your incomes, the length of your marriage, whether you are each able to meet your reasonable needs, whether one of you contributed to the earning ability of the other spouse, and many other factors.

We offer a free initial consultation, so I encourage you to contact our office at 480.792.9770 to arrange a time to speak with one of our attorneys regarding the details of your situation.

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Answered on 11/28/09, 5:27 pm
Rich Peters R.J. Peters & Assoc., P.C.

You are entitled to one-half of the "community portion" of her 401(k). I would need to know more to determine whether you can make a legitimate claim for spousal maintenance. Two of the primary criteria are the length of your marriage and your respective earnings.

We can certainly help you consider and then pursue your options.

We have three attorneys. We charge from $220 per hour to $250 per hour. Our retainers can run as low as $500 for demand letters/phone calls, $1200 plus costs for uncontested matters, or from $2,000 to $4,000 for most contested matters.

We also can structure assistance to help you represent yourself if your prefer.

Please remember that a retainer is just a prepayment of time, and is not an estimate as to the total costs of the matter. If I finish within the retainer, than I refund any unearned amounts.

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 Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ 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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Answered on 11/30/09, 11:11 am


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