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
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.
Key Arizona Timeline
Arizona requires 90 days of residency before filing and a mandatory 60-day waiting period after service before a divorce can be finalized. Use this time to gather financial documents and understand your property rights.
Estimate Your Divorce Costs
Property division complexity affects overall divorce costs. Use our calculator to estimate expenses based on your situation:
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Protecting Your Interests
To protect your property rights in an Arizona divorce:
- 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
Legal Disclaimer
This article provides general information about Arizona community property laws and should not be considered legal advice. Property division involves complex legal and financial considerations. For guidance specific to your situation, consult a qualified Arizona family law attorney. Laws and procedures may change; verify current requirements with the Arizona Courts or an attorney.
