Divorce in Arizona: Who Gets What? Understanding Property Division in a Divorce
Divorce can be one of life’s most challenging transitions, and one of the biggest concerns couples face is who gets what when the marriage ends. In Arizona, the way assets and debts are divided is based on community property laws, which means everything acquired during the marriage is generally split 50/50—but as with most legal matters, it’s not always that simple.
Here’s what you need to know about property division in an Arizona divorce:
Arizona’s Community Property Law
Arizona is one of a handful of states that follow community property laws, meaning that most assets and debts acquired during the marriage belong to both spouses equally. This includes:
Income earned by either spouse
Homes, vehicles, and real estate purchased during the marriage
Retirement accounts and investments funded during the marriage
Debts accumulated during the marriage (credit cards, loans, etc.)
However, just because the law says "equal" doesn’t always mean a strict 50/50 split—judges consider factors like agreements between the spouses and what is fair and equitable in each case.
What About Separate Property?
Not everything gets divided equally in an Arizona divorce. Separate property belongs to one spouse individually and includes:
Assets owned before the marriage
Gifts and inheritances received by one spouse (even during the marriage)
Items explicitly kept separate through a prenuptial or postnuptial agreement
If separate property has been mixed with community property, things can get complicated. For example, if one spouse had a savings account before marriage but continued to deposit income into it during the marriage, it may no longer be considered separate.
Who Keeps the House?
For many couples, the family home is the biggest asset—and the biggest source of tension. Options include:
One spouse buys out the other
The house is sold, and the profits are split
A co-parenting arrangement where one spouse stays in the home until children turn 18
Factors like who paid the mortgage, who primarily lives in the home, and what’s financially feasible all come into play.
What About Debts?
Just like assets, debts accumulated during the marriage are shared—even if only one spouse’s name is on the credit card or loan. However, debts incurred before the marriage generally remain separate.
Prenups and Postnups: Do They Matter?
If a couple has a prenuptial or postnuptial agreement, it can override Arizona’s community property laws. These agreements can specify how assets are divided and protect individual property from being classified as community property.
How to Protect Your Assets During Divorce
Dividing assets in a divorce can be a stressful and emotional process. Here are a few steps to protect yourself:
Gather all financial records – Know what you own and what you owe.
Understand your rights under Arizona law – Community property laws don’t mean an automatic 50/50 split in every case.
Consider mediation – It’s often faster and less expensive than a courtroom battle.
Consult a divorce attorney – Every case is unique, and legal guidance can help ensure a fair outcome.
Final Thoughts
Divorce can be complicated, and dividing property isn’t always as straightforward as it seems. Understanding Arizona’s community property laws is key to making informed decisions about your future. If you’re facing a divorce, speaking with an experienced family law attorney can help protect your rights and ensure a fair division of assets.
Need legal guidance on divorce and property division? Contact Sims & Sims Law to discuss your case and explore your options.
