Divorce & Annulment

questions & answers

Question: My wife and I are currently going through a divorce. She opened a separate checking account before I filed but transferred her check to her new account afterwards and didn’t inform me about it until payday because we both get paid the same week. I need to know if she’s in violation of a court order because it was my understanding that you cannot hide funds, get loans etc. until the divorce is final??

Answer: When a couple files for dissolution of the marriage, Arizona Revised Statutes, Section 25-315 automatically invokes an injunction that states in section 1(a)  "That both parties are enjoined from transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties except if related to the usual course of business, the necessities of life, or court fees and reasonable attorney fees . . . ."  The court usually considers the individual party's wages or salary as falling within the realm of usual course of business or necessities of life, but that depends on how much each spouse earns relative to the other.  If one party has considerably more earning power than the other, the court may order temporary spousal support.  If earnings are relatively equal, the court may allow each spouse to retain his or her earnings as living expenses.

QUESTIONS

  • My wife and I are currently going through a divorce. She opened a separate checking account before I filed but transferred her check to her new account afterwards and didn’t inform me about it until payday because we both get paid the same week. I need to know if she’s in violation of a court order because it was my understanding that you cannot hide funds, get loans etc. until the divorce is final??

STORIES

  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS