You get to deduct that from your separation date value and end up with an NFP value of $30,000 (The $40,000 from the date of separation less the $10,000 from the. When your marriage ends, the full value of the family home must be. When they do, couples may think that the. Mr. Their home is. Transfer to Satisfy Obligation for Equalization Payment. In most cases, the law says that married couples have to share the value of their property if they separate or divorce. Arizona law recognizes that spouses can transmute separate property into community property by commingling community money with sole and separate money. The Court reviewed case decisions about whether one spouse’s personal injury award is the separate property or community property in Arizona. The most important thing to accomplish prior to or at the beginning of a divorce is to have both. The Court of Appeals affirmed the judgment below. The trial judge declined to follow the default rule in section 5 (1) of the Family Law Act, which states that the spouse whose net family property is the lesser of the two net family properties is entitled to equalization upon marriage breakdown. Tax Tip 2022-92, June 15, 2022 — When people go through a legal separation or divorce, the change in their relationship status also affects their tax situation. Stat. Is a Spouse’s Separate Property Liable for Community Debts. In community property states, if the card originated during the marriage, you are responsible for 50% of the debt. However, the Court of Appeals noted that the judgment did not contain any language stating that it was intended to be a property. Florida law presumes that, in the absence of an agreement between the parties, all marital assets and liabilities should be equally distributed between the parties. List and value all your assets and debts 2. McClennen was ordered to pay $37,054. You need a writ of execution which you can enforce through a levy, garnishment, abstract, etc. Serra owed an equalization payment that was greater than his net worth. As a legal document, the property settlement agreement will be used as a contract. 175, 382 P. Beneficiary Designations After Divorce in Arizona From Hildebrand Law, PC. equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizona; judgment for separate property stolen during marriage; judge ignores a business appraisal in an arizona divorce; reimbursement of separate property in a divorce in arizona;Segregating Separate Property From Community Property Explained By the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC. If you are going through a divorce, you may have heard about a community lien on sole and separate property in Arizona. Torres (1/23/2020) This is one of only two Arizona Supreme Court cases reported here. ”. pensions and divorce in arizona; military retirement pay and divorce in arizona; is separate property divided differently than community property in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizonaWhat Sets Our Family Law Attorneys Apart From Others. C. Filing bankruptcy after divorce can impact multiple parts of a settlement decree, including both property debts and the amount of spousal payments. According to the news outlet, Kris will have to pay Bruce $2. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. For example, if one spouse is awarded the marital home, the other spouse might be paid his or her one-half share of equity in the home by. Call us today at (480)305-8300 or reach out to us through. Evans married in 1949. but NOT IRAs. In my 2009 default divorce I was ordered to pay my ex a $1,500 equalization payment. In a Ch. S. The spouse with the higher net family property value pays the equalization. . The total value of your marital assets is $1,000,000, but if you get the house and your spouse gets everything else, it’s not. 1. Our Arizona community property and family law attorneys have over 100 years of combined. Only 1 parent may use the. Generally, a property that is acquired separately remains separate during the marriage. However, we can help you get it right. Dividing assets due to a divorce is complex. Martin to pay Mrs. Consider offering your spouse other assets if you don't want to hand over half of your pension. Bruce Smith (Husband) Amount. It found that under Utah law, the Husband’s debt would subject the couple’s community property to payment, not Wife’s separate property. Other communal property states will equally divide only the components of a. Call For Your Consultation. The calculation of that equalization payment will be an. Meister addressed the analysis a judge should apply when choosing the valuation date of a business in an Arizona divorce. Equalization payments are calculated on a per capita basis, then adjusted for provincial population. Divorce / Separation Lawyer in Ventura, CA. As if the divorce process isn't emotional enough, when couples begin discussing finances, the situation often becomes more complicated. You should consider talking with a lawyer before making decisions about these issues. Divorce in Arizona endeavors to keep property division simple with a 50/50 split. For example, if a husband and wife get married. This is an essential step in dissolution proceedings. Additionally, each person was able to keep his and her vehicle, while dividing airline miles, bank accounts and other assets. Koepnick, 3 P. Finally, the court decided the remaining money will be divided equally between the husband and the wife. Household (Cars, Boat Furniture, etc. Attorneys, doctors, dentists, mental health. To learn more, call an Ontario divorce lawyer at (905) 581-7222. STEP ONE: CALCULATING EQUALIZATION PAYMENTS. We get a lot of questions about the division of marital assets. Follow; Follow; Track Home Home E; Phoenix Family Rights Attorneys EIn order to equalize the division of assets, the husband would need to pay the wife a property equalization payment of half of that disparity, or $25,000 total – which brings his net share of the marital estate down to $825K ($850K minus $25K), and brings the wife’s share up to $825K ($800K plus $25K). Baldwin could only hold property as community property. v. 00. 1. If you are also paying spousal support, and your income has decreased, you can go in and file a motion asking the court to modify your spousal support obligation based on your reduced. This can be the case for community property assets such as real estate or. The Arizona appellate court in the matter of Rowe v. Once you can see the complete financial picture, you can also avoid the related mistake of arguing over one asset at a time. Failure to Comply with Property Division Orders. Therefore, the wife should be liable for half of the community debt omitted in the divorce decree. The obligation is "law-imposed" (not a "debt"). In a divorce settlement, a community property state equally divides all communal property between both spouses. In short: A judge can use a QDRO to order that you receive part of your husband’s retirement benefits, including pension plans, 401Ks, 403Bs and other ERISA plans . Call us today at (480)305-8300 or reach out. Let’s talk about CRSC pay and divorce in Arizona. We want to talk to you about equalization cash in an Arizona divorce. Rodriguez's loan now amounts to almost $72,000. List and value all your assets and debts 2. The parties owned a house, as well as a parcel of land. In most cases, the time limit to make a claim for an equalization payment is 6 years after you separate or 2 years after you get a divorce, whichever is sooner. The total value of your marital assets is $1,000,000, but if you get the house and your spouse gets everything else, it’s not. A divorce can be complicated. We get just as many questions about the division of debt in an Arizona divorce. Attorney. The equalization payment is equal to one-half of the difference in net worth between the husband and wife. Under certain circumstances. In Arizona, a divorce court must divide a home that is marital property equitably, which means equally absent other factors. Arizona Divorce Laws. 3d 599 (Ariz. The Coon Creek Property. It noted that, under Arizona law, it is the superior court’s job in a divorce to divide all community property held by a couple. 2d 659 (1963). This means that you do not pay the lawyer a fee. Time Limits on Durational Alimony. Temporary Alimony. Website. Learn what assets have special rules 3. If the judge believes your ex willfully violated orders in the decree upon reviewing the case, he or she could hold your ex in divorce contempt of court, where contempt is the remedy of the enforcement action. The short answer to the question can there be waste of the equity in a marital home in Arizona is, yes, the court will recognize a claim of waste of the equity in a home during a divorce in Arizona; either because a spouse did not take care of the home or intentionally losing equity in the home due to a foreclosure that could have been avoided by making the house payments. C. To simplify things, the end result of Ontario’s family property division is an equalization payment by the spouse with the greater net family property value acquired during the marriage to the spouse with the lower net family property value. Koelsch, noted that property earned by either spouse’s employment is community property in Arizona. One possible resolution is through equalization payments, where one spouse is allowed to retain certain assets, and the other receives a monetary payment to make. Thank you to the authors at Derr&Villarreal LLC for providing insight into divorce litigation and personal injury law. R. The other role requires the CPA to apply his or her tax expertise to separating marital assets and payments. This represented her share of the community income earned during their three years of separation. In theory, an equalization payment equals the division of assets and debts that both parties take in a divorce regarding their division of community property assets and debts. In Donn v. If you are going through a divorce, you may have heard about a community lien on sole and separate property in Arizona. The Family Law Act says that the person who has the higher total has to pay the person with the lower total half of the difference between them. . If Husband failed to pay the debt, the decree stated that Wife could file a contempt action. We all want to protect. View Article. It found that any damages were a community debt. In that case, the appeals court overturned the trial. Equalization stops the same piece of property from being subject to high property taxes in one tax district and low property taxes in another. Can one spouse decide to reconvert the joint property to community. This is already an old story, but it bears repeating: How you use social media could determine whether you win, or lose, custody of your children. The Arizona Court of Appeal in a memorandum decision discussed the relationship between the division of debts and spousal maintenance in an Arizona divorce in the case of Carroll vs. . 1. The court chose sixty days because the original order provided him with sixty days to pay Wife $7,700 for her share of the lawsuit settlement. The Court of Appeals found it to be irrelevant whether the Husband did or did not have a claim for an equitable lien against the home. Marriage of Vaughn: Discharge of Debts in Bankruptcy During Divorce Does Not Waive Reimbursement Claims for the Spouse Stuck With the Tab Aug 17. Kunz, 79 P. If you believe that spousal maintenance might be at issue in your divorce, you might benefit from consulting with an experienced attorney at the Law Office of Daniel Hutto. Minority Discount Buisness Appraisal When Valuing a Company in an Arizona Divorce From Hildebrand Law, PC. After a bench trial, the district court entered a Decree of Divorce. In the case of Howell v. This means that one spouse must usually give the other spouse an equalization payment. Ct. Schedule a free consultation with our Miami high net worth divorce lawyer, owner and principal at The Law Offices of Sean M. A. Get the pension valued 3. In the majority of cases, a fair division will be an equal (50/50) division. Wife appealed the decision to the Arizona Court of Appeals, contending the trial court undervalued the community’s interest in the two businesses; specifically asserting the trial court applied a minority share discount in contravention of Arizona law. ”. In order to calculate an equalization payment, each spouse makes a list of the value of property that he or she holds at the time of separation; this may include a future interest in property, where a spouse expects to receive property in the future, such as a stock option. HOW A CHILD’S VOICE CAN BE HEARD IN A CUSTODY OR PARENTING TIME DISPUTE. The court awarded assets totaling $184,843 to wife and $215,211 to the husband. In the Meister case, the court concluded both spouses had an ownership interest in a business. First, you should know a spouse is free to use his or her separate money to buy real property for the couple. This works out because each spouse would have received $50,000. 523(a)(5). Florida law sets a cap on how long durational alimony can last, depending on the length of the marriage. In a divorce, the court divides the money and assets between the spouses equitably. Ask if the pension follows provincial or federal rules 2. If you have a bankruptcy and divorce issue and would like to speak to an experienced divorce attorney, call the Law Offices of Peter Van Aulen today at (201) 845-7400 for a free initial consultation. In most cases, the time limit to make a claim for an equalization payment is 6 years after you separate or 2 years after you get a divorce, whichever is sooner. . Equalization payments. 2 months ago. A qualified domestic relations order (QDRO) is a court order used to divide certain retirement-specific assets during a divorce. Lawyers were involved. In. The Bankruptcy Court must then make an independent determination classifying this debt as either 1) spousal maintenance, 2) equalization payment, or 3) a hybrid or combination of spousal maintenance and equalization payments. We want to talk about the effect of improvements to separate property in an Arizona divorce by discussing the Arizona Court of Appeals’ decision addressing what impact improvements to a spouse’s separate property has on a divorce in Arizona. The Arizona Court of Appeals in the case of Schickner v. pricing is a means to determine the best value and avoid the peril of trying to sell an overpriced home. Limits to equalizing payments in a Florida divorce. Dividing business profits during a divorce in Arizona can be a very complicated issue. In Wichita, Kansas a man’s mistreatment of his mother-in-law is not grounds for a divorce. However, there are some assets where the determination of value can be quite complex, such as. You have been married to the same military spouse for at least 20 years; and, 3. He also ordered Mr. Get the pension valued 3. ) Typically, temporary maintenance continues until the divorce is final. In Vance-Koepnick v. A man and woman file for divorce in Arizona. Under s. The exact division is generally left to the discretion of the trial court. This is sometimes called a motion for enforcement or contempt. To Arizona Court of Appeals to a memorandum decision in the case of Ley vs. Calculate each partner’s net family property 4. Opus 17. 63 reviews. How much your ex owes. ) cannot be cut in half. Equalization payments are normally used when the division of assets is not as easy to equally divide. Failure to Pay Spousal Maintenance. Property transfers incidental to divorce, including equalization payments, are non-taxable events. Martin $46,688. Using the realizable benefits standard, Husband’s position was that his goodwill of the law firm should be valued at $140,000 – which was equivalent to his stock redemption value at the firm. Over the last 30 years, it has averaged 5 1/2% per year. If you are reading this article, you probably know that CSRC refers to Combat-Related Special Compensation pay. A Court Cannot Simply Divide Community Property Based on a Percentage of Each Spouse’s Contributions of Separate Property. If you need help resolving a child support dispute in Ontario, call (905) 581-7222 to schedule a. ¶3 In January 2007, the parties signed a handwritten agreement addressing, among other things, additional payment terms for the $300,000 equalization debt. The Arizona Court of Appeals in the case of. At trial, the court issued orders dividing the husband’s military retirement between the two spouses. She's getting a divorce, she's in default on her student loans — and the two issues are more related than it may seem. However, the Court of Appeals said, under the Arizona Supreme Court decision in Toth v. The value of most assets can be easily determined by reference to current fair market value. A surviving spouse’s share of community property is subject to administration for payment of community claims. However, as noted, this is not always practical or even possible. The difference is then divided in half, and the resulting value is the equalization payment. Whether a contempt motion may be filed. Mr. Equalization is a process used to ensure that taxes on taxable property be distributed among various tax districts at a fixed percentage of the property’s assessed value. This means that in a divorce, the division of such property—or the value of the property awarded to each spouse—must also be substantially equal. A “property equalization payment” is intended to equalize the final division of property between parties to a divorce. Florida law presumes that, in the absence of an agreement between the parties, all marital assets and liabilities should be equally distributed between the parties. Martin $46,688. Thus, the receiving party “pockets” the entire amount. dividing paid time off in a divorce in arizona; equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizona; judgment for separate property stolen during marriage; judge ignores a business appraisal in an arizona divorce; reimbursement of separate property in a divorce in. (c) Prior support obligations (SSAG 12. For example, if one spouse came into the marriage with $100,000 and didn't increase or decrease their savings, and the other came into the marriage with no money or debts, but had a net family property after of $500,000 at the dissolution of the marriage, the second spouse could owe the first $250,000 as an equalization payment. Apr 14, 2013 | Divorce, Family Law, Strange Divorce Laws. Use Craigslist values or amounts lists on accounts. Bobrow, 241 Ariz. The Arizona Court of Appeals in the Snoderly case started its analysis of Arizona Revised Statute Section 25-317 (E) that holds that “Terms of the [property settlement] agreement set forth or incorporated by reference in the decree are enforceable by all remedies available for enforcement of a judgment, including contempt. Murin cites the Arizona Supreme Court opinion in Rundle v. If you have questions about filing a homestead and separate property in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Generally, money that is transferred between (ex)spouses as part of a divorce settlement—such as to equalize assets—is not taxable to the recipient and not deductible by the payer. Courts can order the equalization payment to be made in a variety of ways. Although Arizona is a community property state, it does not require an exactly equal. A divorce decree in Arizona is intended to divide all community property between the spouses. Phone: 602-922-9989. Son argued that, under the language of Arizona law, his father and Mrs. The terms “fair” and “equitable” has been defined to mean substantially equal. In Armer v. The Arizona Court of Appeals in the case of Bell-Kilbourn vs. On July 28 and 29, 2019, the parties signed the written MSA, and, on July 29, 2019, the district court entered a stipulated decree of divorce, incorporating the MSA. The wife asked for the court to divide the retirement as community property. In Arizona, Arizona Revised Statute section 25-327(B) states: “Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance. If your divorce settlement was established on or after Jan. One solution is to have the spouse who gets the more valuable asset make what's known as an equalization or equalizing payment to the other spouse. If a property equalization payment in a divorce is. Marriages or domestic partnerships in Washington can end through an annulment, legal separation or a divorce, also known as a dissolution of marriage. Once the credit is applied to PJI, the wife still owes the husband $6,136. Evans owned half of the “French Café and Cocktail Lounge” business. If the debt is determined to be spousal maintenance, it is not dischargeable under 11 U. Bruce Smith (Husband) Amount. Arizona court generally treats it as community property to the. Teach About Equalizing Payments in an Arizona Divorce From the Experienced Arizona Divorce Attorneys by Hildebrand Law, PC. com. Property division orders, including pension and retirement accounts; and. Whereas, if the accumulated paid time off is not reimbursable, it is the separate property of the spouse who earned it and it should not be divided in a divorce. Pfeffer held that a creditor might come after community assets but usually cannot come after the separate property of a spouse to pay a community debt. Divorce; Child Custody and VisitationChoosing a Valuation Date for a Business in a Divorce in Arizona. Judges have discretion about whether spousal maintenance should be ordered and in what amounts. However, the Tax Cuts & Jobs Act of 2017 changed how tax law addresses maintenance payments. A Detailed Guide on the Arizona Divorce Timeline. Divorce engagements can require CPAs to act in either or both of two roles. Thank you. The following states follow community property division in divorce: Arizona; California; Idaho; Louisiana; Nevada; New Mexico; Texas; Washington;. The court awarded assets totaling $184,843 to wife and $215,211 to the husband. In divorce, you want to keep the house, which is worth $700,000. Arizona’s Family Law Team – Because Family Matters. Anderson, 256 P. However, if the spouse’s efforts during. For example, let’s say you’re entitled to receive $500 per month based on your work history. Creditor relied on Arizona Revised Statutes §25-215. (2) They can own it separately as separate property. In some cases, an obligation to make an "equalization payment" arising under the Ontario Family Law Act, or a similar provision under the law of another province, may be satisfied or settled by a transfer of a capital property between the spouses or former spouses. The husband admitted in a verified answer that the retirement account was community property. Learn How are Stock Options Divided in an Arizona Divorce Case from the Experienced Arizona Divorce Attorneys at Hildebrand Law, PC. Under this method, the court determines the community interest in the pension and its present cash value. Divorce and alimony calculator. Example Two: Same as Example One, but you brought $10,000 in savings into the marriage. Do you know that? — In Kentucky, It is illegal to marry the same person four times. Divorce in Arizona endeavors to keep property division simple with a 50/50 split. The judge may then impose fines, jail time or other penalties to encourage compliance in a contempt of court in divorce case. List and value all your assets and debts 2. Calculate each spouse’s net family property and the equalization payment. ¶16 The superior court has broad discretion to equitably divide property, and we will. Call Now (480)305-8300 Making Smart Real Estate Decisions After Divorce: How to Know When Buying a House is the Right Choice After a Divorce in ArizonaFirst, in order for the 20/20/20 Rule to be in play, the following criteria must be met: 1. Do not include your family home, even if you owned it on the date of your marriage. It’s also things like a bank account, pension, 401k, or stocks. The personal representative’s reliance on In re Estate of Griswold, 13 Ariz. When you are separating, a criminal record will affect child custody and adoption. Mrs. We are a dedicated, motivated group of divorce attorneys, known for our professionalism, trial preparation, litigation strategies, and attorney ethics. dividing paid time off in a divorce in arizona; equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizona; judgment for separate property stolen during marriage; judge ignores a business appraisal in an arizona divorce; reimbursement of separate property in a divorce in. For tax purposes, alimony payments are effectively not part of the payor’s income. Value of Real Estate ( matrimonial home value at $1,800,000) $900,000. However, he is also entitled to a credit of $13,910 on account of spousal and child support. Phoenix Property Division Attorney. In a divorce, the separate property belongs to the spouse holding title, while community property belongs to both spouses. Matteson, 45 Ariz. One such option is for you to take 50% of the money in all joint bank accounts and leave the other 50% for your spouse. Beginner’s Guide to Washington Divorce Laws. dividing paid time off in a divorce in arizona; equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizona; judgment for separate property stolen during marriage; judge ignores a business appraisal in an arizona divorce; reimbursement of separate property in a divorce in. Often, one of the parties is obligated to pay the other party an “equalizing payment. You'll need to file a motion (legal paperwork) with the court, and ask a judge to order your spouse to make the overdue payments and keep up with future payments. Instead, the lawyer gets part of the back payments as payment for services. Kenney isn't the first Alberta premier to navigate western anger and alienation. dividing paid time off in a divorce in arizona; equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizona; judgment for separate property stolen during marriage; judge ignores a business appraisal in an arizona divorce; reimbursement of separate property in a divorce in arizonapensions and divorce in arizona; military retirement pay and divorce in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizona; impact of improvements to separate property in an arizona divorce; how to enforce division of property and. Collect your family law judgment. equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizona; judgment for separate property stolen during marriage; judge ignores a business appraisal in an arizona divorce; reimbursement of separate property in a divorce in arizona;When divorce lawyers refer to “equalization” payments in Marital Settlement Agreements and divorce cases, they are referring to a payment from one spouse to the other to make the division of assets and debts equal. Value of Real Estate ( matrimonial home value at $1,800,000) $900,000. Unfortunately, and all too often one of the parties does not comply with Court orders. The community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973, but only to the extent of the value of that. Rodriguez's loan now amounts to almost $72,000. The goal is to avoid inaction, ambiguity, noncompliance, and—most importantly—inadvertent forfeiture of entitlements. Liquid assets (such as monies in bank accounts), can be easily divided; but other property (like automobiles, furniture, etc. In most states, you are responsible for all credit card debt incurred in your name in a divorce. If you have questions about filing a homestead and separate property in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. These tools are the way the court actually reaches the division that it determines the evidence is fair and equitable. The order. The Equalization of Net Family Property; Calculating Division of Property; The. If a party fails to live up to the terms of the divorce decree such as: Failing to pay child support; Failing to pay spousal maintenance; Failing to pay the equalization payment; Failing to sell the house in a timely manner and divide the proceeds; Or fails to pay a particular bill Enforcement of Court Orders. Award of Money: Discussion of A. You cannot use more than half of the Family Law Value to satisfy your equalization payment. Equalization payments are normally used when the division of assets is not as easy to equally divide. Any community property that is not mentioned in a divorce decree is transformed into property held as tenants in common. They ask the. Property equalization calculations are easy to get wrong. Alternatively, you may want to talk to a bankruptcy attorney; under some circumstances, equalization payments can be discharged in bankruptcy. Judges may order one spouse to pay temporary support to the other while the divorce process is underway. Offers FREE consultation! Posted on Jul 15, 2016. In the case of Lightning Delivery Co. Spousal support payments are intended to ensure that both. Equalization Payments: A payment to a state, province or individual from the federal government for the purpose of offsetting monetary imbalances between different parts of the country or between. If you need information about what happens to an increase in the separate property during a divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. This means that a parent can save up to $2,000 per child (and $1,400 is refundable even if the parent doesn’t pay federal income tax). In every Arizona divorce, all marital property must be divided between spouses. Here are some questions and answers concerning various issues in Ohio regarding alimony or. This means that a property settlement debt will not have priority status in a. The first issue is supported by the well-established rule in Arizona presuming a gift occurs if one spouse places separate real property in joint tenancy. Divorce is a stressful and complicated process which becomes more so when there is a home involved that has to either be sold or refinanced. The Long Answer. This payment was subject to statutory interest of 10% per annum, accruing from the date of. 888-251-9618. This represented her share of the community income earned during their three years of separation. Wright, [2008] O. The pandemic has taken a toll on couples both financially and psychologically, which has actually triggered many to consider going for separation and maybe even filing for bankruptcy. Winters, 298 P. It’s easier said than done, but the best scenario by far is to pay off your debt before or during the. Decision. 5th 451: Chapter 7 Debt Discharges Under Federal Law Do NOT Necessarily Include Reimbursement. In general, the payments may not last longer than: 50% of the length of a short-term marriage (lasting less than 10 years) 60% of the length of a moderate-term marriage (lasting between 10 and 20 years), or. Dec 19, 2012 | Custody, Divorce, Gay Marriage, Marriage, Same-Sex Marriage, Transgender Issues. Peter Lougheed plied those same waters in 1980 and used similar language to Kenney. Step 2: Subtract the value of property you owned, minus the value of your debts, as of the date of marriage. After the final divorce trial, the court awarded the house to the husband subject to the husband paying the wife 50% of the equity in the home, if any. Chapter 13 does not have the same limitations as Chapter 7 as Section 523 (a) (15) does not apply to a Chapter 13 bankruptcy filing. Often a “catch-all” provision in the decree. A pension is a plan that pays its members after they retire. ARIZONA COMMUNITY PROPERTY LAWS. Married.