Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2104
community property award; convicted spouse
Purpose
Allows a spouse making ongoing division of property installment payments to a convicted
spouse to petition the court to modify or cancel, rather than to only modify, ongoing payments.
Background
In outlined instances of proceedings for disposition of property due to dissolution of
marriage or legal separation the court assigns each spouse's sole property and divides, except for
instances where one spouse is a convicted spouse, the community, joint tenancy and other property
held in common equitably without regard to marital misconduct. A spouse making ongoing
installment payments to a convicted spouse may petition the court for a modification of that
payment. A convicted spouse is a person who is convicted of an offense and who is sentenced to
at least 80 years in prison or life in prison with or without the possibility of parole (A.R.S.
ยงยง 25-318 and 25-318.02).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows a spouse who is required to make ongoing division of property installment payments
to a convicted spouse to petition the court to modify or cancel, rather than to only modify,
ongoing payments.
2. Becomes effective on the general effective date.
House Action
JUD 1/26/22 DP 9-0-0-1
3
rd
Read 2/3/22 59-0-1
Prepared by Senate Research
March 8, 2022
ZD/HW/sr