HOW DOES THE COURT DIVIDE PROPERTY?
Arizona law provides that the division should be “equitable” , which usually means about equal. Other factors include whether or not property is community or sole and separate in nature. If you and your spouse can agree on this division, the Court will usually approve your written agreement. If you cannot agree, the Court will divide your property and debts for you at the time of trial.
There is a presumption that all property of the parties shall be divided equally. The exception to this is property that is inherited or gifted to one of the spouses (provided that this property was not mixed with marital assets). The court does have the discretion to divide the property unequally in special circumstances. An example is if one party owned certain assets before the marriage.
Most of a couple’s property, including assets such as retirement interests, can be divided in a divorce. One exception is property received either as a gift from a third party or as an inheritance, although even gifts and inheritances may be divided in some circumstances. If the couple can’t agree on how to divide property, the court decides. The court starts with the presumption that equal division is fair and proper. But the court may alter this by considering: • the length of the marriage; • the property owned by either spouse when they married; • whether one spouse has substantial assets the court can’t divide; • each spouse’s contribution to the marriage; • each spouse’s age and physical and emotional health; • one spouse’s contribution to the increased earning power of the other; • each spouse’s earning capacity; • the desirability of awarding the family home, or the right to live there, to the parent with primary placement of minor children; • tax consequences; • agreements of t
