Arizona is a community property state, which means assets earned or acquired during the marriage are generally considered equally owned by both spouses. The Arizona Supreme Court requires courts to divide community property substantially equally — close to 50/50 — unless there's a sound legal reason to do otherwise. Separate property owned before the marriage, inherited, or gifted stays with that spouse and isn't divided at all.
Spousal maintenance works differently here than in most states. Arizona requires a spouse to qualify for maintenance first by meeting at least one of five eligibility factors — and only then does the court calculate how much and for how long. The 2022 guidelines update made this process more structured: courts are now required to use the state's maintenance guidelines and calculator for petitions filed after September 24, 2022.
This page covers how Arizona generally handles property division, spousal maintenance, child support, and retirement accounts.
- Community property — substantially equal division, separate property protected
- Spousal maintenance — eligibility first, then amount; 2022 guidelines
- The Rule of 65 for longer-duration maintenance
- Child support — Income Shares on adjusted gross, parenting time adjustment
- Retirement accounts and QDROs
Property Division: Substantially Equal, Separate Property Protected
Arizona courts divide community property under A.R.S. § 25-318 — all assets and debts acquired during the marriage by either spouse. The Arizona Supreme Court established in Hatch v. Hatch that community property must be divided substantially equally, meaning close to 50/50, unless a sound legal reason justifies a different split. This is a higher standard than the "just and equitable" language used by most equitable distribution states.
Separate property is a different category entirely. Arizona law requires courts to assign each spouse's separate property back to that spouse — it's not subject to division. Separate property includes assets owned before the marriage, inheritances received at any time, gifts given to one spouse individually, and property acquired after service of the divorce petition. Arizona generally cannot award one spouse's separate property to the other, which is a key distinction from Washington state.
Fault doesn't affect property division in Arizona. Courts divide community property "without regard to marital misconduct." The exception: courts may consider dissipation of community assets — one spouse wasting or concealing marital funds in anticipation of divorce — and criminal conduct where the other spouse or a child was the victim.
A couple has $480,000 in community assets — a home with $200,000 equity, joint retirement accounts of $180,000, and $100,000 in savings. Starting from substantially equal division, each spouse would receive approximately $240,000. If one spouse owns separate property — say, a $90,000 investment account from before the marriage, clearly traceable and never commingled — that $90,000 is assigned back to them and is not part of the $480,000 split. The community estate is divided between the spouses. Actual outcomes depend on how assets are characterized and valued. This example is illustrative only.
For more on property division basics, see What is Equitable Distribution? and What Happens to the House in a Divorce?
Spousal Maintenance: Qualify First, Then Calculate
Arizona takes a two-step approach to spousal maintenance under A.R.S. § 25-319. A spouse must first qualify for maintenance by meeting at least one of five eligibility factors. Only after qualifying does the court calculate the amount and duration using the state's guidelines.
The five eligibility factors are: the spouse lacks sufficient property to meet reasonable needs; the spouse lacks earning ability in the labor market adequate for self-sufficiency; the spouse is the primary caregiver of a child whose age or condition makes outside employment inappropriate; the spouse made significant financial or non-financial contributions to the other spouse's education, career, or earning ability, or significantly reduced their own career for the benefit of the other; or the marriage was of long duration and the spouse's age may preclude adequate employment.
Meeting one factor qualifies the spouse for maintenance. Courts then use the 2022 Arizona Spousal Maintenance Guidelines — which courts are required to use for petitions filed after September 24, 2022 — to calculate the amount and duration. The guidelines use both spouses' incomes, the family's expenses, and Bureau of Labor Statistics data to produce a recommended range.
The Rule of 65: If the requesting spouse is over 42 years old, the marriage lasted more than 16 years, and the sum of their age plus the marriage length equals 65 or more — maintenance may extend beyond the standard 96-month cap. This rule acknowledges that older spouses with long marriages face a fundamentally different re-employment challenge than younger spouses in shorter marriages.
Spouse B is 48 years old and the marriage lasted 19 years. Age + marriage length = 48 + 19 = 67 — which exceeds 65. Spouse B also qualifies under the eligibility factors (long marriage, age may preclude self-sufficiency). This combination may support maintenance beyond the standard 96-month ceiling, depending on the specific financial circumstances and how the court applies the guidelines. This example is illustrative only.
For a full walkthrough of how Arizona calculates maintenance amounts and what the guidelines produce, see How is Spousal Maintenance Calculated in Arizona?
Child Support: Income Shares on Adjusted Gross
Arizona calculates child support using the Income Shares Model under A.R.S. § 25-320. Both parents' gross incomes are adjusted — subtracting prior child support orders, spousal maintenance paid to former spouses, and the cost of the parent's own health insurance — to produce an Adjusted Child Support Income for each parent. Those adjusted figures are combined and matched to the state's support schedule.
The schedule covers combined adjusted monthly incomes from $1,000 to $30,000. Each parent pays their proportional share based on their percentage of combined adjusted income. Parenting time adjustments reduce the non-primary parent's obligation when they have substantial time with the children. Health care premiums and work-related childcare costs are added on top and split proportionally.
Parent A has gross monthly income of $7,500. Parent B has gross monthly income of $3,500. No prior support adjustments. Combined adjusted income: $11,000/month. Parent A's share: 68%; Parent B's share: 32%. Looking up one child at $11,000 combined on the Arizona schedule, the basic obligation is approximately $1,200/month. Parent A's share: ~$816. Parent B's share: ~$384. If Parent B has primary custody, Parent A pays approximately $816/month, adjusted for any parenting time credit. Health care and childcare are split 68/32 on top. These figures are illustrative — actual amounts depend on the schedule in effect at the time of the order.
For a full explanation of how Arizona child support is calculated — including the parenting time adjustment table and what happens above the $30,000 cap — see How is Child Support Calculated in Arizona?
Retirement Accounts: Community Property Rules and QDROs
Retirement contributions made during the marriage are community property in Arizona and are subject to substantially equal division. Contributions made before the marriage or after service of the divorce petition are separate property. Courts use the coverture fraction — the portion of the plan earned during the marriage — to identify the community share.
Dividing a 401(k), 403(b), or private pension requires a Qualified Domestic Relations Order (QDRO). A QDRO allows the transfer to occur without early withdrawal penalties or taxes at the time of transfer. Arizona state government pensions — including ASRS (Arizona State Retirement System) — require a state-specific court order rather than a standard QDRO.
For more on retirement account division, see What is a QDRO? and What Happens to My 401k in a Divorce?
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