Does Going To Prison Affect My Alimony

Does Going To Prison Affect My Alimony (Spousal Support)?

The Question:

As a women going to prison am I still entitled to 50/50 if divorced? Meaning I still get half of everything. How about Spousal alimony?

RJ Says:

Under Arizona law, your Judge is required to divide the community, joint tenancy and other property held in common equitably, without regard to marital misconduct.  Your imprisonment would not affect that.  “Equitably” usually means pretty close to 50/50, but not always.  There can be reasons when a division other than 50/50 is warranted.  I would need to know more to determine a fair and equitable division in your exact situation.

Spousal maintenance is a more difficult question.  One factor will be to assess your financial needs, which I am presuming will be nominal while in prison.  However, there is prior caselaw in Arizona which would warrant requesting a $1 monthly award for a temporary period of time until you are released, simply to preserve the right to spousal maintenance upon your release.  Again, I would need to know so much more.

Do you have a question? Send it to RJ, and we’ll get you the answer you need.