Phoenix Property Division Attorney

In an Arizona divorce, there must be an equitable distribution of the couple’s marital property and assets. This applies to both community property and separate property. For a more comprehensive look at how at what a Phoenix property division attorney can do for you, please contact The Enholm Law, PLLC Firm today.

Community Property

Community property is divided equally between the spouses, as they both have an undivided half interest in the community. Community property, which is marital property, is subject to division in a divorce. Community property includes all assets and property accumulated during the marriage, regardless of what name the property is in.

Separate Property

An asset that is separate property is not a part of the marital estate and will not be subject to division in dissolution proceedings. In extremely simple terms, if an asset was acquired prior to the marriage, it may remain separate property at the time of a divorce.

Determination of Property Division

Under equitable distribution, each spouse is considered to contribute something unique to the marriage, thus the 50/50 rule does not apply in every case. Courts will handle each case individually and weigh the following factors when determining property distribution:

  • Income and earning power of each spouse
  • Non-marital property
  • Length of marriage
  • Age and health of each spouse
  • Prenuptial agreements
  • Value of non-income based marital contributions
  • Economic and non-economic fault

Since every divorce, and every property division case, is special, it is best to contact an experienced Phoenix property division attorney to completely understand your rights and options.