I Gave Up My Career to Raise Our Kids. What Happens Financially If We Divorce in Arizona?
If you gave up your career, reduced your work hours, or put professional advancement on hold to raise your children, the financial uncertainty of divorce can feel overwhelming. If your spouse has been the primary breadwinner, you may wonder whether you can afford to get divorced in Arizona, how you will support yourself, whether you could qualify for spousal maintenance, and what will happen to the home, retirement accounts, savings, and other assets you built as a family.
Arizona law does not simply look at which spouse earned the paycheck. Arizona is a community property state, and property acquired during the marriage is generally considered community property, subject to important exceptions. Arizona law also provides for spousal maintenance in qualifying circumstances, and specifically recognizes situations in which one spouse significantly reduced their income or career opportunities for the benefit of the other spouse.
For a parent who spent years raising children while their spouse advanced professionally, these issues can have a major impact on what life looks like during and after divorce.
If My Spouse Earned the Money, Do I Still Have Rights to Our Property in Arizona?
Yes. Being the lower-earning spouse or a stay-at-home parent does not mean you have no financial interest in the property accumulated during your marriage.
Arizona is a community property state. Generally, property acquired by either spouse during the marriage belongs to the marital community, regardless of which spouse earned the income used to acquire it or whose name appears on an account or title.
That can potentially include:
- Equity accumulated in the marital home
- Bank and savings accounts
- Retirement accounts and pensions
- Investment accounts
- Vehicles and other property
- Business interests
- Certain debts accumulated during the marriage
Separate property is treated differently and can include certain property owned before marriage as well as some gifts and inheritances.
The distinction can become complicated when separate and community funds have been mixed or when a business, investment, retirement account, or other asset existed before the marriage but increased in value during it.
Can I Get Spousal Maintenance in Arizona If I Gave Up My Career?
Possibly.
Arizona’s spousal maintenance law specifically recognizes circumstances that can be particularly important to a spouse who sacrificed career opportunities during a marriage.
Under Arizona law, eligibility for spousal maintenance can include circumstances in which a spouse made a significant financial or other contribution to the education, training, vocational skills, career, or earning ability of the other spouse.
Arizona law also addresses situations in which a spouse significantly reduced their income or career opportunities for the benefit of the other spouse.
For example, one parent may have left a career to stay home with young children while the other spouse continued working, earning promotions, developing a business, or increasing their earning potential.
That does not automatically guarantee spousal maintenance. Eligibility, amount, and duration depend on the facts of the marriage and the applicable Arizona law.
How Does Arizona Consider Years Spent Out of the Workforce?
Being out of the workforce can affect much more than your current paycheck.
Someone who stepped away from a career for several years may have lost seniority, professional contacts, certifications, advancement opportunities, retirement contributions, and years of potential salary growth.
Returning to work may require additional education or training. You may also have to reenter your profession at a lower level than where you would have been had you remained employed.
When determining spousal maintenance, Arizona law allows courts to consider numerous factors, including a spouse’s earning ability, employment history, age, and the time necessary to obtain sufficient education or training to find appropriate employment.
The circumstances of someone who stopped working for a short period can therefore be very different from those of a parent who spent 10 or 15 years primarily raising children.
What Happens to the House and Retirement Accounts in an Arizona Divorce?
One common misconception is that the spouse who earned the money owns the assets purchased with that income.
That generally isn’t how Arizona community property law works.
If retirement benefits were earned during the marriage, for example, at least part of those benefits may be community property even if the retirement account is entirely in the working spouse’s name.
The same principle can apply to money saved or property purchased with earnings during the marriage.
The marital home can be particularly important. Depending on the circumstances, options may include one spouse keeping the home, selling it and addressing the equity as part of the property division, or reaching another arrangement.
Property owned before the marriage or acquired through certain gifts or inheritances can raise separate-property issues, which is why identifying when and how significant assets were acquired is important.
Will I Receive Child Support If I Have the Children?
Child support is separate from spousal maintenance.
Arizona uses statewide Child Support Guidelines to calculate child support. The calculation considers factors including both parents’ incomes and parenting time, along with applicable expenses and adjustments.
Having more parenting time does not automatically determine the amount of child support, just as having equal parenting time does not necessarily mean there will be no child support.
Arizona also uses the terms legal decision-making and parenting time rather than relying solely on the traditional term “custody.” These issues can affect the overall financial picture of a divorce involving children.
How Will I Pay My Bills While an Arizona Divorce Is Pending?
You do not necessarily have to wait until your divorce is finalized for financial issues to be addressed.
Arizona courts can issue temporary orders while a divorce case is pending. Depending on the circumstances, temporary orders can address issues such as:
- Spousal maintenance
- Child support
- Legal decision-making and parenting time
- Use and possession of property
- Certain household financial responsibilities
Temporary orders can be especially important when one spouse has historically controlled most or all of the household income.
If you are considering divorce but are worried about how you would pay your mortgage, rent, utilities, groceries, or other expenses during the case, understanding how temporary orders work may help you evaluate your options.
What If My Spouse Controls All of Our Money?
Financial dependence can make divorce seem impossible.
You may not know exactly how much your spouse earns. You may not have passwords for every financial account. Your spouse may manage the investments, taxes, retirement accounts, or business finances.
That does not mean you should assume you have no financial rights.
Financial information and documentation are an important part of an Arizona divorce. Before making major decisions, it can be helpful to understand what assets, debts, income, and expenses exist.
Relevant documents may include tax returns, bank statements, credit card statements, mortgage documents, retirement statements, investment accounts, insurance policies, business records, and other financial information.
Can My Spouse Be Required to Pay My Attorney Fees in an Arizona Divorce?
Possibly.
Arizona law allows a court to consider both parties’ financial resources and the reasonableness of the positions they have taken when determining whether to award reasonable attorney fees and expenses.
An attorney-fee award is not automatic simply because one spouse earns substantially more than the other.
However, if your spouse has always been the breadwinner, you should not automatically conclude that you cannot speak with a divorce attorney or pursue your legal rights because you do not have comparable access to income.
How Can I Prepare Financially for Divorce in Arizona?
If you are thinking about divorce, learning more about your current financial situation can be a valuable starting point.
Try to understand what your household owns, what it owes, what your spouse earns, what you spend each month, and which assets may have been accumulated during the marriage.
It can also be helpful to start thinking about your own future earning potential.
Could you return to your previous career? Would you need training or updated credentials? What could you realistically earn now? How much would housing, health insurance, transportation, childcare, and other expenses cost if you lived separately?
You do not need to have every answer before meeting with a divorce attorney.
In fact, if financial dependence is one of the primary reasons you are afraid to consider divorce, understanding your rights under Arizona law may be one of the most useful first steps you can take.
Talk With a Phoenix Divorce Attorney Before Assuming You Can’t Afford to Leave
If you gave up or scaled back your career to raise your children while your spouse became the primary breadwinner, don’t assume that having less income means you have fewer financial rights in an Arizona divorce.
Community property, spousal maintenance, child support, temporary orders, retirement assets, and attorney fees can all potentially affect your financial situation during and after divorce.
Hernandez Family Law helps clients in Phoenix and throughout Maricopa County understand the financial issues involved in divorce and make informed decisions about their next steps. Contact Hernandez Family Law to schedule a consultation and discuss your circumstances.
Frequently Asked Questions About Divorce for Stay-at-Home and Lower-Earning Spouses in Arizona
Can I get divorced in Arizona if I don’t have my own income?
Yes. Having little or no independent income does not prevent you from filing for divorce in Arizona. Issues such as community property, spousal maintenance, child support, temporary orders, and potentially attorney fees may affect your financial circumstances during the divorce.
Can a stay-at-home parent get spousal maintenance in Arizona?
Potentially. Arizona law provides several grounds for eligibility for spousal maintenance, including circumstances involving contributions to a spouse’s earning ability or significantly reducing your own income or career opportunities for the benefit of your spouse. Eligibility does not automatically determine the amount or duration of maintenance.
Does my spouse get more of our property because they earned the money?
Not necessarily. Arizona is a community property state, and property acquired during the marriage is generally community property regardless of which spouse earned the income, subject to important exceptions for separate property and other circumstances.
What happens financially if I gave up my career to raise our children?
Your career sacrifice may be relevant to spousal maintenance and your overall financial circumstances after divorce. Arizona law recognizes certain situations in which a spouse contributed to the other spouse’s earning ability or significantly reduced their own income or career opportunities for the other’s benefit.
Can I get temporary spousal maintenance while my Arizona divorce is pending?
Temporary spousal maintenance may be available in appropriate Arizona divorce cases. Courts can issue temporary orders addressing certain financial and parenting matters while the divorce is pending.
Can my spouse be ordered to pay my divorce attorney fees in Arizona?
Possibly. Arizona courts may consider the financial resources of both spouses and the reasonableness of their positions when deciding whether to award reasonable attorney fees and expenses. An award is not automatic, and the circumstances of the case matter.