Arizona Community Property Division Guide

Arizona is one of nine community property states, meaning most assets acquired during marriage belong equally to both spouses. However, "community property" doesn't mean automatic 50/50 splits. Under A.R.S. § 25-318, courts divide property "equitably"—which means fairly, not necessarily equally. Understanding Arizona's property division process is essential whether you're pursuing an uncontested or contested divorce.

What Counts as Community Property in Arizona?

Under A.R.S. § 25-211, all property acquired by either spouse during marriage is presumed community property. This includes:

• Income and wages earned by either spouse
• Real estate purchased during marriage
• Retirement accounts and 401(k) contributions
• Business interests developed during marriage
• Vehicles, investments, and bank accounts

Before you negotiate, know the numbers. Estimate your Arizona divorce costs:

Separate Property: What You Keep

Not everything is divided. Arizona law protects separate property, which includes:

• Property owned before marriage
• Gifts received by one spouse individually
• Inheritances (by will or descent)
• Property acquired after service of the divorce petition

The spouse claiming separate property has the burden of proving it. Courts start with a strong presumption that anything acquired during marriage is community property.

How Arizona Courts Divide Property

"Equitable" division under A.R.S. § 25-318 means courts aim for fairness, considering factors like:

• Length of the marriage
• Each spouse's contributions to community property
• Economic circumstances and needs of each spouse
• Excessive spending, destruction, or concealment of assets
• Damages from criminal acts against a spouse or child

Importantly, marital misconduct (like infidelity) is generally NOT considered in property division—Arizona focuses on economic factors, not moral judgments.

Community Debt: Who Pays What?

Debts incurred during marriage are generally community debts and divided equitably. This includes mortgages, car loans, and credit card debt. However, debts that didn't benefit the community (like gambling debts) may be assigned to the spouse who incurred them.

The Automatic Preliminary Injunction

When you file for divorce in Arizona, an automatic preliminary injunction under A.R.S. § 25-315 immediately prevents both spouses from:

• Transferring, selling, or hiding community assets
• Canceling insurance coverage
• Removing children from Arizona without consent

Violating this injunction can result in contempt charges and affect your property division outcome.

Need a Full Financial Picture?

The calculator above gives you a quick estimate. For a comprehensive analysis covering community vs. separate property classification and division scenarios, get your full Arizona property analysis here.

Protecting Your Interests

To protect your property rights in an Arizona divorce, you need a clear strategy. For detailed guidance, see our complete guide on how to protect separate property in Arizona divorce. Key steps include:

• Document everything—gather statements, titles, and records
• Trace separate property—maintain records showing pre-marriage ownership
• Disclose fully—Arizona requires mandatory financial disclosure within 40 days
• Consider mediation—resolve disputes without costly litigation