Prenuptial Agreements

Prenuptial Agreements

Protect Your Future

Prenuptial Agreements

Prenuptial agreements have an undeserved reputation. Prenups don’t condemn a marriage, they protect it. A prenup is no different than insurance. If something catastrophic happens, you’re covered. You have one, but never expect to need it. And if you do need it, you will be glad you have it.

Prenuptial agreements can be customized to your specific needs. They can define how your financials, property, businesses, personal items, debts, and even spousal maintenance are handled in the event of a divorce. No fighting over who gets what. This protects your personal property, makes a divorce much more amicable, and can save couples tens of thousands of legal fees and months of stress. It can help couples move on quicker and keep the post-divorce relationship as peaceful as possible, which is especially important when the couple has children together or a blended family.

Common Mistakes Made in Prenuptial Agreements

How a prenup (should) work

The Prenuptial Agreement Process

What You Need to Know About

Prenuptial Agreements

Have Questions? We have answers

Property Division in Arizona FAQs

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.


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.

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.

What is the marital community?

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

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.

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.

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.

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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