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Division of property in Arizona Divorce

Arizona follows the "community property" system for dividing assets and debts in a divorce. This means that most property acquired by either spouse during the marriage is considered jointly owned and subject to division upon divorce. The court aims to divide the property in a way that is "fair and equitable."

Key Concepts

1. Community Property

• Definition: Includes most property acquired by either spouse during the marriage, such as income, real estate, and personal property.
• Division: The court divides community property in a fair and equitable manner, but not necessarily equally. Factors like each spouse's financial situation, future needs, and contributions to the marital estate may influence the division.

2. Separate Property

• Definition: Includes property owned by a spouse before marriage, gifts and inheritances received solely by one spouse, and personal injury awards.
• Division: Separate property remains with the owning spouse and is not divided in the divorce.

Factors Considered in Property Division

The court considers several factors when dividing community property, including:

• Each spouse's earning capacity and health.
• Contributions to the marital estate, including homemaking and child-rearing.
• The length of the marriage.
• Each spouse's financial and future needs.
• The custody arrangements of children, if applicable.

Special Considerations

• Retirement Benefits: Retirement and pension benefits accrued during the marriage are considered community property and subject to division.
• Business Interests: The division of business interests requires careful evaluation to determine what portion is community property and how it should be divided or compensated for.
• Debts: Debts incurred during the marriage are typically considered community obligations and are divided between the spouses.
• Real Estate: The division of real estate must consider whether the property is community or separate and may involve complex valuation to ensure a fair division.

Conclusion

The division of property in an Arizona divorce is guided by community property law principles, aiming for a fair and equitable division. Given the complexities involved, especially with high-value assets or mixed property types, it's often beneficial to seek legal advice.

A legal professional can help navigate the division process, ensuring that your rights are protected and that the division of property is handled fairly and equitably.