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Marriage of Martin

Supreme Court of Arizona

752 P.2d 1026 (Ariz. App. 1986)

Facts

Richard Martin (plaintiff) and Mary Martin (defendant) were married in 1959, and they traveled extensively throughout the world during their marriage. In August 1979, Richard and Mary moved to California. In December 1979, Mary moved into a home in a planned retirement community in Prescott, Arizona and lived separately from Richard. Richard continued to support Mary and initially intended to move into the home in the Arizona planned retirement community upon his own retirement. However, in 1982, before Richard ever moved to Arizona, Mary filed for divorce. Richard claimed that California law applied to the division of property and assets and, further, that under California law, all of his income since the time that he and Mary lived separately was his separate property and not community property. The Arizona trial court ruled that, under Arizona law, all of Richard's income from the time that he and Mary separated until the divorce constituted community-property earnings. Richard appealed the trial court's decision.

Rule of Law

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Issue

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Holding and Reasoning (Brooks, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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