Arizona Divorce Guide

Dividing Marital Property

Arizona is an community property state. Dividing marital assetsAny property you and your spouse acquired during the marriage or that was paid for during your marriage is community property and belongs to the both of you. You and your spouse will reach a property settlement during your divorce, or the court will do so for you. Each of you are entitled to roughly one-half of the community property and obligated to pay one-half of the debts, regardless of who paid for the property or in whose name it is in. Factors the court will consider in dividing the property include:

  • The length of the marriage
  • The age and health of the parties
  • The earning capacity of the parties
  • The financial condition of the parties
  • The conduct of the parties, including whether there has been an unreasonable depletion of marital assets
  • The desirability of awarding the family home, or the right to live in it for a reasonable period of time to the party with custody of the child, if any
  • The circumstances and necessities of each party
  • The time and manner of acquisition of the property in question and
  • The income producing capacity of the property and the value of the property at the time of division

Section 25-317 of Arizona revised statutes contains an important passage as it relates to setting up your own Arizona Parenting Plan. It gives you and your spouse the ability to avoid a court-ordered plan and construct your own. The passage reads: ‘In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except those providing for the support, custody and parenting time of children, are binding on the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unfair.

[Based on Arizona Revised Statutes; §25-318 ]

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