Property Division

What is considered “personal property” in a divorce?

Personal property includes personal items, like your clothes, your wallet, purse, jewelry, furnishings, etc.

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Is Social Security divisible in a divorce?

Social security is not divisible in an Arizona divorce. The divorce court is a state court, so it cannot divide a federal benefit like Social Security. But if it is a marriage of 10 years or more, the lesser-earning spouse may qualify at retirement age to draw Social Security from the other’s spouse Social Security earnings.

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How is community property divided during a divorce?

You and your spouse can agree to divide the property however you want as long as your division is fair. But if a judge divides it, they are going to divide it “equitably.” That means you each get one half of the community property, unless the Court finds such an equal division would be “unfair” to either party.

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When does the Marital Community start and end?

The marital community starts on the date of marriage and ends on the day the Petition for Dissolution is served, provided the divorce is finalized with that Petition.

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What is the marital community?

The phrase “marital community” describes everything the community owns or owes. (assets and debts)

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What is community property in Arizona?

Community property is any asset or debt either spouse acquired during the marriage. It includes houses, businesses, retirement accounts, stocks, bank accounts, credit card debts, student loans, HELOC’s, intellectual property, etc. The exceptions to community property are any property acquired as an inheritance or as a gift. If a prenup or postnup was signed, the spouses may have opted out of the community property laws altogether. Additionally, certain federal law may prevent state courts from dividing certain assets, such as a military disability pension or Social Security benefits.

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What property gets divided in a divorce?

Any property that is community will be divided during the divorce. Community property is any property or debt that was acquired by either spouse during the marriage—with some exceptions. That means that pretty much anything you acquired during the marriage, asset or debt, will be divided as part of the divorce proceeding.

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After a legal separation, is the money I earn my money or community property?

That is your money. Any property or debt acquired after legal separation belongs to the spouse who acquired it.

 

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