Assigned to JUD                                                                                                                     FOR COMMITTEE

ARIZONA STATE SENATE

Fifty-Fifth Legislature, Second Regular Session

FACT SHEET FOR h.b. 2104

community property award; convicted spouse

Purpose

Allows a spouse making ongoing division of property installment payments to a convicted spouse to petition the court to modify or cancel, rather than to only modify, ongoing payments.

Background

In outlined instances of proceedings for disposition of property due to dissolution of marriage or legal separation the court assigns each spouse's sole property and divides, except for instances where one spouse is a convicted spouse, the community, joint tenancy and other property held in common equitably without regard to marital misconduct. A spouse making ongoing installment payments to a convicted spouse may petition the court for a modification of that payment. A convicted spouse is a person who is convicted of an offense and who is sentenced to at least 80 years in prison or life in prison with or without the possibility of parole (A.R.S.
§§ 25-318 and 25-318.02).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Allows a spouse who is required to make ongoing division of property installment payments to a convicted spouse to petition the court to modify or cancel, rather than to only modify, ongoing payments.

2. Becomes effective on the general effective date.

House Action

JUD                 1/26/22      DP     9-0-0-1

3^rd Read          2/3/22                   59-0-1

Prepared by Senate Research

March 8, 2022

ZD/HW/sr