Both spouses have a legal right to equal possession of any and all community liquid resources. This is true regardless of which spouse has logistical control of a given account. In other words, if one spouse places money earned from work during the marriage into an account in their name only, we can file a Motion for Temporary Orders in a divorce case to gain access to half of those funds. And the Court is required to insure that both parties have equal access to those funds while the divorce is pending. In other words, we can gain access to those funds long before the divorce case is even over.
A.R.S. § 25-315 (H) defines “liquid assets” as: (1) Cash; (2) Traveler’s checks; (3) Cash in financial institutions; and (4) Lottery winnings. A.R.S. § 25-315 (B), indicates, in pertinent part, as follows: “The court shall provide for an order for equal possession of the liquid assets of the marital property that existed as of the date the petition for dissolution or legal separation or annulment was served, unless the court finds that there is good cause not to divide those assets.”
If you are contemplating or going through a divorce, I am here to help.
Dustin T. Dudley, Attorney At Law