Equitable Division

As required by A.R.S. § 25-318(A), the Court is to divide community property “equitably.” Generally, this means equally, but the Court can do an unequal division whenever fairness requires. Toth v. Toth, 190 Ariz. 218, 221 (1997). The Arizona Supreme Court explained that “equitable” is a concept of fairness that must be applied on a case-by-case basis, but in most cases, an equal division is what is most equitable. Id.

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