How are assets divided in a divorce in Arizona?

Full question:

How are assets divided in the case of a divorce in the state of Arizona?

Category: Divorce
Subcategory: Property Settlements
Date: 04/07/2025
State: Arizona

Answer:

In Arizona, which is a community property state, property acquired during the marriage is generally divided equally upon divorce. Property owned before the marriage remains with the original owner. The court will distribute community property equitably, without considering marital fault, after identifying each spouse's separate property (Arizona Revised Statute 25-318).

Community property typically includes earnings and assets acquired during the marriage, as well as debts incurred. Separate property includes gifts or inheritances given solely to one spouse, personal injury awards, pension proceeds that vested before marriage, and properties purchased with a spouse's separate funds. A business owned by one spouse before marriage remains separate, although its increase in value during the marriage may be considered community property.

Disputes often arise over which assets are community property. If separate property is mixed with community property and cannot be distinguished, it may all be deemed community property. The primary residence is often the largest asset in a divorce, and its division can be complex, especially with children involved. Courts may favor the custodial parent retaining the home, which may require compensation arrangements for the other spouse.

Pensions are usually the second-largest marital asset. If there are sufficient other income sources, courts may leave the pension with the earning spouse. However, under federal law, a Qualified Domestic Relations Order (QDRO) can require pension administrators to divide the pension between spouses.

When a couple owns a business together, determining its division can be complicated. The court or couple must decide who retains the business and its valuation, which may require expert evaluation. If there aren’t enough marital assets to compensate the non-retaining spouse, a forced sale or long-term buy-out may be necessary.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What assets are split in a divorce in Arizona?

In Arizona, assets split in a divorce typically include community property, which consists of earnings and assets acquired during the marriage, as well as debts incurred. Separate property, such as gifts, inheritances, and properties owned before the marriage, is not divided. The court identifies and equitably distributes community property, while separate property remains with the original owner. Disputes may arise over the classification of assets, especially if separate and community properties are mixed.

How much alimony does a wife get in Arizona?

Alimony, or spousal support, in Arizona is determined based on several factors, including the length of the marriage, the financial resources of each spouse, and the standard of living established during the marriage. There is no fixed amount; instead, the court assesses each case individually. The goal is to provide financial support to the lower-earning spouse to help them transition after divorce. Factors like age, health, and contributions to the marriage are also considered.

What is the wife entitled to in a divorce in Arizona?

In a divorce in Arizona, a wife is entitled to her fair share of community property, which is typically divided equally. This includes assets and debts acquired during the marriage. Additionally, she may be entitled to spousal support, depending on factors like the length of the marriage and her financial needs. Separate property, such as gifts or inheritances, remains with the original owner and is not subject to division.

What is a husband entitled to in a divorce in Arizona?

In Arizona, a husband is entitled to an equitable share of community property, which includes assets and debts acquired during the marriage. The division is typically equal, regardless of which spouse acquired the property. He may also seek spousal support if he demonstrates a financial need. Separate property, such as assets owned before the marriage or received as gifts, remains with the original owner and is not divided.

Is everything split 50/50 in a divorce in Arizona?

In Arizona, while the law favors an equal division of community property, it does not automatically mean everything is split 50/50. The court aims for an equitable distribution, which considers various factors such as the length of the marriage and each spouse's financial situation. Separate property, however, is not divided and remains with the original owner. Disputes over classification and valuation of assets can complicate the division process.