A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.
In Arizona, which is a community property state, both spouses have an equal interest in all property acquired during the marriage. When one spouse uses marital assets to buy gifts for a paramour, the non-cheating spouse may have the right to seek reimbursement. Arizona law allows for reimbursement claims in cases where community funds have been misused. The court can order the spouse who spent the community assets on a paramour to reimburse the marital estate. This can be done by returning the gift if it retains its value, such as jewelry, or by compensating the community with separate funds belonging to the cheating spouse. The specific statutes and case law governing these actions can be complex, and an attorney can provide guidance on the likelihood of success and the process for seeking reimbursement.