Arizona Divorce Temporary Orders

The Automatic Preliminary Injunction

The moment a Petition for Dissolution is served in Arizona, a Preliminary Injunction under A.R.S. § 25-315 activates automatically. Neither party needs to request it — it is printed on the summons and takes effect immediately upon service.

The injunction prohibits both spouses from transferring, selling, concealing, or encumbering community property (except for normal living expenses and attorney's fees). It also prohibits either spouse from canceling or changing beneficiaries on insurance policies and from destroying or hiding documents.

Violating the preliminary injunction can result in sanctions, including the court adjusting the property division in favor of the non-violating spouse. The injunction remains in effect until the final decree is entered or the court modifies it.

Requesting Temporary Orders

Beyond the automatic injunction, either spouse can file a motion asking the court for temporary orders that govern the household during the divorce proceedings. Temporary orders can address:

Temporary spousal maintenance. If one spouse needs financial support while the divorce is pending, they can request temporary maintenance under A.R.S. § 25-319. The same eligibility criteria apply as for permanent maintenance — the requesting spouse must demonstrate that they meet at least one of the statutory grounds. The court will set a temporary monthly amount using the spousal maintenance guidelines.

Exclusive use of the marital home. The court can grant one spouse temporary exclusive possession of the family home. This is not a permanent property determination — it is a practical arrangement for the duration of the case. The court considers which spouse has primary custody of minor children, each party's financial ability to maintain separate housing, and whether there are safety concerns.

Temporary child support. If the parties have minor children, either parent can request a temporary child support order. The court applies the same Income Shares Model guidelines that apply to the final order.

Bill payment allocation. The court can order which spouse is responsible for specific expenses during the case — the mortgage, car payments, insurance premiums, utilities.

The Bobrow Reimbursement Principle

During the pendency of the divorce, one spouse often ends up paying community expenses — the mortgage, car loans, utilities — from their post-service earnings. Under Bobrow v. Bobrow (2017), there is no presumption that these payments are gifts. The paying spouse is generally entitled to reimbursement for 50% of the separate funds they spent on community obligations after service.

Two important defenses limit this right. Under Barron v. Barron, if the paying spouse has exclusive possession of the marital home, the other spouse can offset the reimbursement claim by up to half the home's fair rental value. Under Huey v. Huey, the court may deny reimbursement if the payments are treated as retroactive temporary spousal maintenance.

The practical takeaway: keep detailed records of every community bill you pay after service. Note the date, amount, what it was for, and the source of the funds. This documentation is essential whether you are making a reimbursement claim or defending against one.

How Long Temporary Orders Last

Temporary orders remain in effect until the court issues the final decree, dismisses the petition, or modifies the temporary order. The hearing date depends on the county's calendar and the court's procedures.

If your divorce involves financial issues during the pending period, the Arizona Divorce Financial Split Guide includes a post-service expense tracking worksheet designed to document the payments that may qualify for Bobrow reimbursement.

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