 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
community property award; convicted spouse
Purpose
Allows a person ordered to make ongoing installment payments to a convicted spouse to petition the court for a modification of that ongoing payment regardless of when the conviction occurred.
Background
In a divorce, legal
separation or disposition of property proceeding the court is responsible for
dividing the couple's community property and assigning each spouse's separate
property (A.R.S.
§ 25-318). A court is prohibited from awarding
any community property to a convicted spouse. A convicted spouse means a
person who is convicted of an offense and who is sentenced to at least 80 years
in prison or to life in prison, regardless of the possibility of parole (A.R.S.
§ 25-318.02).
If one spouse is required to make ongoing installment payments to a convicted spouse pursuant to a division of property, and the convicted spouse's conviction occurs after the order to make the installment payments, the spouse making the installment payments may petition the court for a modification of that ongoing payment (A.R.S. § 25-318.02).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a person ordered to make ongoing installment payments to a convicted spouse to petition the court for a modification of that ongoing payment regardless of when the conviction occurred.
2. Becomes effective on the general effective date.
House Action
JUD 2/13/19 DP 9-1-0-0
3rd Read 2/27/19 32-26-2
Prepared by Senate Research
March 5, 2019
JA/kja