The Question:
What happens if you forgot to include an annuity in a Divorce Decree?
RJ Says:
If an annuity or any other asset was left out of your Divorce Decree, Arizona law provides a remedy. Under Arizona law, any community property or jointly held assets not addressed in the Decree will automatically be held by both parties as tenants in common. This means each party has a 50% interest in the asset.
You may be able to resolve this issue through an agreement with your ex-spouse, determining how to divide the annuity. If an agreement can’t be reached, you can file a Petition or Motion in court to have the matter formally addressed. The court will then decide how to equitably distribute the asset.
It’s important to act quickly and seek legal advice to ensure your interests are protected. Consulting with an experienced family law attorney can help you navigate this process and ensure a fair outcome. Our office offers free half-hour consultations to discuss your case and explore your options. Call (602) 256-7575 to schedule your consultation today.