Course of action regarding non-contributing spouse.

Arizona is a community property state. As such, unless you can show persuasively that an asset -- such as the home -- was purchased with your sole and separate funds (through, for example, a forensic accounting showing the nexus between the purchase and the sole and separate funds), there is a presumption that the asset is community property. Sole and separate assets are those in which you had an ownership interest prior to marriage, conveyances through inheritance during marriage, and certain other narrowly defined categories of property. Based on your facts, the house was purchased within the period of the marriage, and will likely be viewed as community property, to which he would be entitled to a fifty percent equity interest. Regarding spousal maintenance, spousal maintenance awards are governed A.R.S. § 25-319. The statute does not reduce spousal maintenance to a tidy, elegant formula or guideline. Rather, it is highly discretionary in nature. The two-stage approach to spousal maintenance seeks to determine whether a party qualifies -- A.R.S. §25-319(A) -- and then if so, the amount and duration of any award, which is governed by A.R.S. §25-319(B). The court’s decision to award maintenance is related to the following four factors: (1) whether one spouse lacks sufficient property to provide for their needs, (2) whether one spouse is unable to be self-sufficient either through employment or because they are the custodian of a dependent child and should not be required to work, (3) one spouse has contributed (often through sacrificing their own prospects) to the education of the other, and (4) whether the marriage was of long duration or one spouse is of an age which precludes their ability to become self-sufficient. A finding of one or all of these factors could suffice to award spousal maintenance, and as the factors themselves suggest, the Court's discretion in such determinations is broad. Many of the statute’s provisions, such as whether a spouse can be “self-sufficient” or is of an age which precludes their ability to gain “adequate” employment, rely heavily on the judge’s interpretation of the facts presented by the parties. The threshold matter of whether maintenance should be awarded largely depends on the type and strength of evidence presented by the parties to convince the judge to rule in their favor. If and only if the Court determines that some maintenance is appropriate, the focus turns to section B of the statute, which outlines some (but not all) of the factors used to set the duration and amount of the award. The statute’s list of factors includes some of the same provisions as in section A, like age and duration of marriage, but also considers future earning capacity and expenses (including educational expenses for mutual children), the roles that the parties assumed during the marriage and how those roles affected their ability to enter the labor market, and wrongdoing by one spouse to the other. For example, if a working spouse recently became a stay-at-home parent to care for a newborn, the Court may award temporary spousal support until the child reaches school age and the spouse returns to work. On the other hand, the Court may award permanent spousal support to a spouse who never worked throughout a much longer marriage and supported the other spouse's career ambitions by managing the home. The Court also considers the other spouse's ability to pay temporary or permanent alimony. Based on the facts you present, and if there exists a significant disparity in income as between you and your spouse which was reflected in a relatively comfortable quality of life during marriage, there is the potential for the Court to award the other party some measure of spousal maintenance. It is by no means a certainty, and any award can be tied to an objective benchmark, such as the cost and time investment of your spouse attending classes to learn a new and marketable job. Best of luck!

The home will be community property as per Arizona law. Absent a prenuptial agreement, all income earned by either party during the marriage is community property. The fact that you earned the income and paid the mortgage from your salary makes no difference when division of this asset occurs during the divorce. You have been married for 17 years, which is considered a fairly long time as marriages are concerned these days. If you have been the primary earner during the marriage you MAY be looking at having to provide spousal support to your Husband. The analysis of this issue (Spousal Maintenance) is complicated and needs to occur with an attorney who has all the relevant facts to accurately assess the matter. The statute that addresses Spousal Maintenance in Arizona is A.R.S. Sec. 25-319 A and B. Since your husband has a work history, he is not disabled and there are no children of this marriage, IF your husband has any claim for spousal support I believe it would very limited and for a short duration. I would suggest that you set up a consultation with an experienced family law attorney as soon as possible to discuss these issues and all the issues you will face in a divorce in much greater detail. When deciding upon the issue of awarding spousal support, the court does not look favorably upon a party that can and should be working and chooses not to do so. Most attorneys offer free initial consultations. Do not wait any longer to address this matter if you are convinced the marriage is over and you want a divorce. Time is working against YOU in the fact scenario that you have presented.