If you’re going through a divorce in Arizona you may have a lot of questions, especially if you have significant assets such as real estate, a pension, or retirement funds. High-asset divorces can be complicated to navigate, and understanding Arizona divorce laws makes that easier. You’ll want to work with a trusted attorney to help protect what you own and any funds you may be building up for the future. Here’s what you need to know about these laws and how they may affect your divorce process.
Every Divorce Case Is Unique
While general information can be important and helpful, not everything may fit the specifics of your situation. Each case is unique and working with an Arizona divorce attorney is the right way to ensure you have adequate protection for your particular case. A personalized consultation will give you the details you need to determine how you want to proceed with your divorce.
While it’s common and normal to make assumptions about your case and what the outcome may be, the best way to protect yourself and truly understand your rights and responsibilities is to get in touch with an Arizona family law attorney. That way, you can get more concrete answers to your questions and a better understanding of the expected, realistic outcome of your case.
Even though Arizona is a community property state, that doesn’t automatically mean you and your spouse have a 50/50 split when you divorce. In fact, it’s almost never 50/50. Instead, it’s fair and equitable. That includes the material assets you have, but also what each spouse has put into the marriage over the years.
If you’ve been married for a short time, or one of you earns or owns significantly more, that distribution may be very different from spouses who were married for decades and built everything together through comparable income levels. An attorney can help you determine how to move forward, what you may realistically expect to get in a divorce, and what steps you should take to protect yourself as fully as possible.
Get Your Arizona Divorce Questions Answered
There are some common questions many people ask about the process of divorce in Arizona and the laws surrounding it, especially if they’re just starting to think about the process. You may have some of these same questions and concerns if you’re considering divorce and unsure how it may affect your asset level.
Working through these questions can help you gain knowledge about your own situation, so you’re more prepared with additional or follow-up questions for your attorney. The best way to move through a divorce is to know your rights, be informed, and have a good legal advocate who can help you navigate everything. That doesn’t guarantee you’ll get what you hope for in the end, but it can give you a better chance of settling issues with your spouse during the process.
Here are some of the most frequently asked questions about Arizona divorce laws, how divorce retirement funds are handled, and what to consider when it comes to pensions and other assets.
How Is Property Divided in an Arizona Divorce?
When it comes to dividing real estate in divorce it’s important to understand that there are a couple different ways to do this. The community property laws Arizona has say that the division of community property in a divorce must be equitable, but that doesn’t necessarily mean equal. Instead, it means that the property you and your spouse hold together will be divided in a way that’s deemed fair by the judge who handles your case.
It’s up to the discretion of that judge what they consider to be equitable in your particular situation, and the goal of working with an attorney is to build a case for receiving a fair and just distribution of the real estate you and your spouse have. However, it’s important to note that this applies only to community property, and there can also be separate property held by you or your spouse.
Whether your property qualifies as separate or community property depends on several factors, and the community property laws Arizona has may not apply to properties that were owned before marriage or acquired through inheritance. That’s not always the case, though, and navigating these issues without an attorney can be perilous, at best. Protecting your separate assets while ensuring equitable distribution of community property is the goal.
What Happens to the Family Home in a Divorce?
The family home may be required to be sold in a divorce and the proceeds divided equitably. That’s a common way to divide community property and help you and your spouse move on with separate lives. However, there are other options. For example, you may want to keep the home and buy out your spouse’s equity in the house, especially if you have children together and want to keep them in the home they’re familiar with.
Your spouse may also want to buy out your equity in the home and keep it for themselves, which is another possibility. Depending on the factors of your case, it’s also possible that you or your spouse will be awarded the family home without having to buy out the other party, as long as the person who doesn’t receive the home receives other assets under equitable distribution. When you have a high-asset divorce, property division can take time and be complicated.
The goal is to move through your divorce as efficiently as possible, and that sometimes includes conceding a property or other asset to your spouse. However, your attorney can help advise you whether that’s in your best interest or not. Some assets may be worth fighting for, while others may be easier to let go in order to get the divorce finalized, so you and your spouse can both move forward.
Is My Spouse Entitled to a Portion of My Retirement in a Divorce?
Generally, yes, your spouse will be entitled to a portion of your retirement. How long you were married, whether you both worked and contributed to the household, and other factors will all matter. Since Arizona is a community property state, divorce retirement funds typically fall under equitable distribution in the same way as real estate.
Any assets that are acquired during the marriage, including money earned by either spouse and money contributed to retirement accounts, are community property. As such, they’re jointly owned and will need to be divided. It’s important to note, though, that doesn’t mean your spouse will receive half of your retirement, or that you’ll receive half of theirs.
If you both have comparable retirement accounts that were built up during the marriage, it’s possible that you both will be awarded only your own accounts with no claim on one another’s. Additionally, retirement funds you built up before the marriage are generally also protected, because those are considered separate property. One way an attorney can help protect you is through showing the court what you already had when you married and why it shouldn’t be included.
What About High-Value Real Estate or Business Ownership?
High-value real estate and business ownership generally follow the same rules as other assets. For divorce pensions Arizona follows the rules of community property and equitable distribution, and they also do this for real estate and business ownership. If you and your spouse own a business together, or if you started a business after you married, you and your spouse will both have a stake in that business when you divorce.
Owning properties or businesses before marriage can be more complicated, because those are separate property. However, if you commingle funds, add your spouse’s name to properties or business interests, or otherwise take legal steps to fully include them, then the assets you had separately may be considered community property. You want to keep those things separate as much as possible, because that will protect you if you divorce.
In most cases, though, a separately held business or high-value property won’t be part of your divorce, as long as you acquired it before you married and didn’t add your spouse to it in any legal way. If you’ve already added your spouse, though, or you started or purchased assets during your marriage, protecting it and keeping it separate during a divorce will be far more complicated and less likely.
How Can I Protect the Assets I Worked Hard for During a Divorce?
Protecting your assets during a divorce is important, but there may be some assets that simply can’t be protected the way you would like. Anything purchased, acquired, developed, or contributed to during your marriage is generally community property. Still, that’s no reason not to fight for what you deserve. Working with an attorney is the best way to protect your assets and keep as much as you can.
Remember, equitable distribution doesn’t mean equal distribution. It’s not a 50/50 split, and you and your spouse will both receive what the judge feels is fair and just for your specific case and situation. If your spouse contributed very little throughout your marriage you may be awarded the majority of the assets. However, if they raised children and took care of the home, that also counts and you may be required to pay alimony or other types of support.
In short, the best thing you can do to protect your assets is to keep them separate from the very beginning when possible. Then, work with an attorney who’s experienced in family law so you can focus on how to keep as many of your assets as possible. High-asset divorces often take a long time to settle, and they can be costly. An attorney can help you determine what to continue fighting for and what to concede, so you can move through the process more smoothly.
Choose an Arizona Divorce Attorney With Experience
When you choose an Arizona family law attorney, look for one who has the knowledge and experience to help bring your case to a successful conclusion. While no attorney can guarantee any particular outcome for your divorce case, one with a high level of experience in Arizona divorce laws has the know-how to fight for everything you deserve.
You want an attorney whose goal is to make the process as smooth as possible and help you move forward with confidence. The process of dividing real estate in divorce, understanding how to navigate pensions and retirement funds, and handling all the details of a settlement can be emotionally and financially draining. With the right attorney on your side, though, it’s easier to navigate uncharted legal waters.
Contact The Shaw Law Group Today
When you have specific questions about your own Arizona divorce situation, reach out to us at The Shaw Law Group. We’re happy to help you understand your rights and determine the best path forward when it comes to protecting your assets during a divorce. We also offer tips and answers to your questions on our website and YouTube channel, where you can gain additional information about high-value assets in divorce in Arizona and other scenarios. Contact us today for the support and guidance you need and deserve.
