***Recent Ruling *** Unequal Division Not Limited To Short-Term Marriages

Posted on February 26, 2010 by Alexander D. Nirenstein

Arizona Divorce LawyersYesterday, Arizona Court of Appeals, Division 1, issued a published opinion, Flower v. Flower, wherein they dismissed the argument that an unequal division under Toth v. Toth is limited to marriages of extremely short duration.  

Moreover, there is language in the opinion suggesting that length of marriage is only one factor in this analysis, and that courts need to look to overall contributions.  Suffice to say, Flower might exponentially expand the scope of cases in which litigants seek an unequal division of property who would otherwise have accepted the fact that he or she had little real chance of persuading the trial court to deviate from an unequal division.  We will wait to see whether the Arizona Supreme Court has something to say about it.

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