Since Arizona is a community property state, all assets, property, or debts that you and your spouse acquire during your marriage are considered community property. Each spouse has a one-half interest in any assets or property acquired during the marriage. As family law attorneys and divorce lawyers, we are experts in the division of assets during a divorce.
Assets can include but are not limited to an interest in any real property, personal property (home furnishings, art, tools, etc.), money, cars, investments, bank accounts, stock, retirement accounts, pensions, etc.
Likewise, each spouse has a one-half responsibility for any debt accumulated during the marriage. Generally, debts incurred during the marriage or for the benefit of a community asset are considered community debt and are considered the liability of both spouses. Debts incurred prior to marriage or after service of the Petition for Dissolution of Marriage has occurred are considered separate debt.
Any property or cash that one spouse owned prior to the marriage or any property given as a gift or inherited by one spouse during the marriage is considered sole and separate property. In these situations, the other spouse is not entitled to a one-half interest in that property. A party claiming that some specific property or income is his or her separate property must provide proof that the property was something he or she owned prior to the marriage, was acquired by gift or it was a personal property that was received through inheritance.
When one spouse owns a business or has an interest in a business that was acquired or owned prior to the marriage, that is considered that spouse’s sole and separate property. However, under Arizona law, any effort made by one spouse during the marriage is presumed to be for the benefit of the marital community. Thus, your spouse may still have a legal interest in or lien against your business regardless of whether it is your sole and separate business if that business has increased in value.
This principle can also apply to any property owned before the marriage that has increased in value or received maintenance from the marriage community during the duration of the marriage.
This can be a fiercely debated point of contention during a divorce, so seek an experienced family law attorney who can assist you in getting what you deserve.
According to Arizona community property law, everything acquired during a marriage is considered community property and therefore must be divided equally, even retirement accounts. Retirement accounts are usually one of the largest assets couples own. There are some retirement plans that will not require a QDRO to make payments to the alternate payee, but most retirement plans do require a QDRO.
The QDRO (Qualified Domestic Relations Order) is a court order that is ordered against one spouse’s retirement account or pension plan to provide child support, spousal support, or divide community property. The QDRO grants a spouse, former spouse, or dependent child the opportunity to participate in the other spouse’s or parent’s retirement plan or pension. The QDRO assures that any payment awarded to the alternate payee is paid directly to them. The QDRO also assures that the tax liability from any awarded amount is shared equally between the two parties.
The legal team at Jensen Family Law in Florence AZ understands the complex issues related to the division of property and debts at the time of divorce. Although it is always preferable for the parties to try to come to an agreement as to how their property and debts should be divided, sometimes it is necessary to litigate, especially when a party might be hiding assets or to determine whether the property should be considered community property or separate property. At Jensen Family Law, we will protect your property division rights through passionate and compassionate legal service.
We’re open: Monday – Friday 9 am – 5 pm
Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.
Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206 Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), Take S 41st St to E Sky Harbor Blvd, then head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St. Then Turn right onto S 41st St. After that, Continue straight to stay on S 41st St, then Take AZ-202 Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd, then Use the left 2 lanes to merge onto AZ-202 Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to merge onto AZ-101 Loop S. After that, Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe, then Take exit 184 for Val Vista Dr. Then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr. Turn right onto E Southern Ave, then turn left and Destination will be on the right.
We’re open 9 AM – 5 PM Monday – Friday and we are closed on Saturday and Sunday.
For additional questions you can call us at (480) 999-2321 or you can find us on Yelp.