What’s the general rule of property division in Arizona Courts?

Arizona is one of the nine community property states in the United States.  Community property comes from  Spanish law and was orginally designed to insure the financial security of the wife. It has now evolved into an equitable doctrine of acquiring and if necessary, seperating and valuing property aquired during the marriage.

Community property law starts with the presumption that each spouse is entitled to an equal one half interest in all property, including wages, acquired during the marriage. Of course there are exceptions. The most common ones are:

>Property brought into the marriage by either spouse that is not "commingled".

>Property inherited by one spouse during the marriage.

>Property that is "gifted" to one spouse.  However the gift must be specifically for

that individual and not a "family" type gift.

If my Spouse is abusive or unfaithful, does that impact the division of property?

Generally the answer is no. Arizona is a “non-fault” or “no-fault” state.  The Court rarely considers the parties conduct unless it actually impacts the property.  For instance there is a concept of "community waste", meaning that if a spouse spent community money on  a gambling habit or some other activity that clearly was not to benefit the community, then the other spouse should not be liable for debts incurred and could  be reimbursed for any waste.

Its important to understand that if you file for divorce, the community is "severed" or terminated at that point.  That can insulate your from debts or actions of the other spouse after the divorce is filed.

What effect does the length of the marriage have on property division?

Very little. The longer you are married, the more likely you will have more debt and assets to deal with.

Any special rules for the marital home?

A home is often the most important marital asset. Often it is held  “jointly”, or as “tenants in common”, as “community property with rights of survivorship”, or even deeded in only one spouses name.  Several options are available for division. The home can be sold and the proceeds divided, one spouse can by the other out, or the home can be held jointly for any number of reasons that make sense, even following a final decree. Even if the home is held in one name, the theory of "community lien"  may entitle the other spouse to some value depending on duration of any contribution to the community.   .

How do retirement plans get divided?

Retirement plans can often be separate or community or both. A plan paid into prior to the marriage starts off as separate property until the community starts contributing to the plan.  A community interest starts at that point, but the prior contributions remain sole and separate property regardless of the community contributions.   Retirement plans are divided in the court by a a Qualified Domestic Relations Order or  QDRO.