What are the Laws in Arizona About How Marital Property Will be Distributed After Divorce?

Arizona is a community property state, which means any property acquired during the marriage is treated as being owned equally by each spouse, according to Arizona Revised Statutes 25-211 and 25-213. Arizona courts try to distribute community property equitably (fairly) unless one of the parties can show the other made “excessive or abnormal expenditures” of community property.

Any property that was acquired by the spouses during marriage, other than by means of inheritance or a gift from a third party to one spouse, is considered community property. Each spouse holds a one-half interest in all community property and all community property is divided equally between the two parties during a divorce.

Separate property is property that was acquired by one spouse either before marriage or during the marriage by inheritance or gift from a third party. Property acquired by each spouse after the parties have started living apart generally is considered separate property. Separate property remains with the spouse who acquired it in an Arizona divorce.

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