Phoenix Divorce Lawyers: Answering Your Questions About The Division Of Property
Last updated on April 4, 2025
The divorce process can be quite complex, especially when it comes to asset and property division. No matter where you are in the process – even if you are just considering a divorce – you probably have a lot of questions about the division of your property.
At Duenas Eden Cravatta, PLC, we are here to provide you with answers. With more than 60 combined years of experience, we assist clients throughout Arizona with a spectrum of divorce-related matters. As Arizona divorce lawyers, we have compiled answers below to some of the questions we frequently hear about property and asset division.
What does Arizona law say about the division of property in a divorce?
Arizona is a community property state. This means that during a divorce, the court divides all community property and debts in a fair and equal manner. Generally, community property includes all assets and debts that you and your spouse acquired from the date of your marriage until the date you were served with the divorce papers.
Separate property is not subject to division. Instead, the court will award each spouse their separate property. An experienced divorce lawyer can help you better understand what might be considered community property or separate property in your specific case.
What is community property?
Community property includes all the property that you or your spouse acquired during your marriage. It doesn’t matter whose name is on the title or who earned the money to purchase the property. For example, community property can include:
- The money you earned
- The house you bought together
- The cars you drive
- The furniture you own
Exceptions do exist. For example, a gift or inheritance received by one spouse during the marriage might be considered separate property. We know that understanding community property can be confusing. It can be useful to speak with a divorce lawyer in more detail about your particular assets.
What is considered separate property?
Separate property is anything you owned before the marriage or received during the marriage as a gift or inheritance. Separate property can include:
- Inheritances
- Gifts given in one spouse’s name
- Property owned before the marriage
- Anything covered by a valid prenuptial agreement
For example, if you owned your car before the marriage, it is most likely your separate property. If your grandmother left you money when she died, that inheritance is most likely your separate property as well. If you use separate funds to buy something during the marriage, that item is still your separate property.
What factors does the court consider to determine that property is separate?
The court will look at several factors to determine whether the property is separate. One key factor is whether you kept the funds separate from your community property – by putting inheritance money in a separate bank account, for instance. Another factor is whether you titled the property only in your name. Determining whether certain assets are community or separate property is often a contentious issue that requires an attorney. We can help you understand the Arizona property division laws and assist you in proving that certain assets are your separate property.
What does it mean to have an equitable division of property?
An equitable division of property in Arizona means the court divides community property fairly and equally. While “equitable” can mean fair, it generally means an equal 50-50 split. The court considers several factors to ensure that the division is fair to both spouses. The court will consider:
- The length of the couple’s marriage
- The contributions that each spouse made to the community property
- The future financial circumstances of each spouse
For example, the court can award one spouse a greater share of the community property if the other spouse has a significantly higher earning potential. Our job as your legal representation is to advocate for a fair outcome for you.
Can the court divide retirement plans?
Yes. In Arizona, retirement benefits earned before the marriage are separate property, while benefits earned after the marriage are community property. If you or your spouse has retirement benefits that were earned over the course of your marriage, those will most likely be considered community property. The court can order the retirement plan to be split. Because you are getting a divorce, a special court order, called a qualified domestic relations order (QDRO) will direct your financial institutions to divide your retirement account without penalties.
What is a QDRO?
QDRO stands for qualified domestic relations order. It is a court order that divides retirement plans, such as 401(k)s and pensions, in a divorce. A QDRO is necessary because retirement plans often have restrictions on when and how individuals can withdraw funds. The QDRO tells the retirement plan administrator how to divide the account and pay each spouse their share.
Without a QDRO, the retirement plan administrator cannot divide the account. It is a separate order from the divorce decree. Typically, after the judge signs the divorce decree, one of the parties prepares the QDRO and submits it to the court for approval. Then, the order goes to the retirement plan administrator.
Can I appeal a divorce judgment?
After the court finalizes your divorce, like with any court order, you have the option to appeal. However, in order to appeal a court order, there has to have been an error in the way the judge applied Arizona law. The Court of Appeals rarely accepts an appeal in a divorce case and does not reverse very many decisions unless there was a clear misapplication of the law.
If you are unhappy with the outcome of your divorce, instead of filing an appeal, you may be able to modify certain parts of your divorce decree. For example, you can modify orders regarding child support, child custody or spousal maintenance if there has been a substantial and continuing change in circumstances. However, it is unusual to modify the court’s division of property decisions, absent fraud. If you believe there was a mistake in your divorce case, we are experienced divorce lawyers who can assess your case and help you understand your options.
How can I modify my divorce decree?
While you may be able to seek a modification of your divorce decree, there has to have been a significant, substantial and continuing change in your or your ex-spouse’s circumstances. For example, if your ex-spouse gets a new job with a much higher salary, you can ask the court to increase child support. Or, if you move out of state, you can ask the court to modify child custody or the parenting plan. However, it is difficult to modify the division of a couple’s property. Once the divorce is final, the court rarely changes its orders regarding property, unless there was fraud or a mistake.
Do You Still Have Questions? Consult A Division Of Property Lawyer.
If you still have questions about your specific case, we are available by appointment at Duenas Eden Cravatta, PLC. As divorce lawyers, we can help you understand the Arizona divorce laws and how they apply to your specific case. To reach us in Phoenix, call 480-637-0668 or send us a message through our website.