Arizona Divorce Property Division

System
Community Property
Default Split
50 / 50
Governing Statute
Ariz. Rev. Stat. §25-211

What the Law Says

Arizona is one of 9 community property states. Property acquired during the marriage belongs to both spouses equally. On divorce, it splits 50/50 unless a specific exception applies. Property owned before the marriage, gifts, and inheritances stay with the original owner.

Arizona is a community property state where all property acquired during the marriage is presumed to be community property owned equally by both spouses. Upon divorce, community property is divided equally.

Statutory Factors (Ariz. Rev. Stat. §25-211)

Arizona courts are required to consider:

  1. Property acquired during marriage is community property
  2. Property owned before marriage is separate
  3. Gifts and inheritances are separate
  4. Commingling may affect classification
  5. Community estate divided equally or justly
  6. Debt characterization follows state rules

Common Questions

Arizona: community property or equitable distribution?

Community property. Ariz. Rev. Stat. §25-211 presumes a 50/50 split of everything acquired during the marriage.

What factors does a Arizona court weigh?

Ariz. Rev. Stat. §25-211 lists 6 factors. The first three: Property acquired during marriage is community property, Property owned before marriage is separate, Gifts and inheritances are separate. The full list is above.

Does Arizona split retirement accounts in a divorce?

Yes. 401(k)s and pensions earned during the marriage are community property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).

ClearSplit runs Arizona's community distribution rules on your actual assets and debts.

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Source: Ariz. Rev. Stat. §25-211 AI draft · Full law library entry