[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.phoenixlawteam.com\/blog\/arizona-a-50-50-state-in-divorce\/#BlogPosting","mainEntityOfPage":"https:\/\/www.phoenixlawteam.com\/blog\/arizona-a-50-50-state-in-divorce\/","headline":"Is Arizona a 50\/50 State in Divorce?","name":"Is Arizona a 50\/50 State in Divorce?","description":"You hear a lot of rumors about\u00a0divorce in Arizona\u00a0when you go through one. One common rumor is that you and your spouse will have to split everything equally because Arizona is a \u201ccommunity property\u201d state. Some people also call it a \u201c50\/50\u201d state. Don\u2019t let the name fool you. Not...","datePublished":"2025-02-20","dateModified":"2025-09-29","author":{"@type":"Person","@id":"https:\/\/www.phoenixlawteam.com\/blog\/author\/heatherbakermushkateluser\/#Person","name":"Heather Baker-Mushkatel","url":"https:\/\/www.phoenixlawteam.com\/blog\/author\/heatherbakermushkateluser\/","identifier":19,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/6425d659c3a3b5fef88735016d44ae7e70145f21b5581d0fb0ce4b953762d0b3?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/6425d659c3a3b5fef88735016d44ae7e70145f21b5581d0fb0ce4b953762d0b3?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Mushkatel, Gobbato, & Kile","logo":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","width":459,"height":157}},"image":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2020\/09\/divorcing-couple.jpg","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2020\/09\/divorcing-couple.jpg","height":183,"width":275},"url":"https:\/\/www.phoenixlawteam.com\/blog\/arizona-a-50-50-state-in-divorce\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=KP-POmtoLM4#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=KP-POmtoLM4","name":"The Ultimate Guide to Divorce in Arizona - Mushkatel, Gobbato, & Kile","description":"At Mushkatel, Robbins & Becker, PLLC, we\u2019ll use 100 years of combined legal experience to serve you.\n\nMushkatel, Gobbato, & Kile, P.L.L.C.\n15249 North 99th Avenue\nSun City, Arizona 85351\n(623) 889-0691","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/KP-POmtoLM4\/default.jpg","https:\/\/i.ytimg.com\/vi\/KP-POmtoLM4\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/KP-POmtoLM4\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/KP-POmtoLM4\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/KP-POmtoLM4\/maxresdefault.jpg"],"uploadDate":"2024-05-10T17:10:39+00:00","duration":"PT2M35S","embedUrl":"https:\/\/www.youtube.com\/embed\/KP-POmtoLM4","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCioMf8Qkt0yAxbSIoUrSABg#Organization","url":"https:\/\/www.youtube.com\/channel\/UCioMf8Qkt0yAxbSIoUrSABg","name":"Mushkatel, Gobbato, & Kile, P.L.L.C.","description":"Mushkatel, Gobbato, & Kile, P.L.L.C. we bring a service based approach to clients. Your legal needs are our top priority, and the diverse backgrounds and skill sets of our lawyers ensure that your needs will be met with expertise.\n\nMushkatel, Gobbato, & Kile, P.L.L.C.\n15249 North 99th Avenue\nSun City, Arizona 85351\nhttps:\/\/www.phoenixlawteam.com\/\n","logo":{"url":"https:\/\/yt3.ggpht.com\/9FCEVHzqd4cqF1QwqjqAxPxoa8vbQFxRyqZvKWnR6nqStm_MobEonCmQjtMdKcZK0-NhtiAk=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=KP-POmtoLM4#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=KP-POmtoLM4#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=KP-POmtoLM4&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=KP-POmtoLM4#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":29}]]},"about":["Divorce"],"wordCount":1056,"articleBody":"You hear a lot of rumors about\u00a0divorce in Arizona\u00a0when you go through one. One common rumor is that you and your spouse will have to split everything equally because Arizona is a \u201ccommunity property\u201d state. Some people also call it a \u201c50\/50\u201d state. Don\u2019t let the name fool you. Not every\u00a0community property division\u00a0in Arizona ends with each spouse getting an equal share.At Mushkatel, Gobbato, & Kile, P.L.L.C., our Arizona\u00a0family and divorce lawyers\u00a0can help you to navigate the division of your property and protect your rights and interests at every step in the process. Here, we discuss what a \u201c50\/50\u201d state means. To talk about the specific facts of your case, connect with us today.Table of ContentsWhat Is a 50\/50 Divorce?Why Is An Equitable Split Not Always an Equal One?How Do You Distribute Community Property in Arizona?How Can a Lawyer Help You in a 50\/50 Divorce State?Our Arizona Divorce Lawyers Are Ready to Help YouWhat Is a 50\/50 Divorce?A \u201c50\/50\u201d divorce refers to a divorce in which a couple\u2019s assets typically are split 50\/50, or equally, at the conclusion of the divorce process.\u00a0Nine states\u00a0follow some form of this system, including Arizona. They are formally called community property states.In Arizona, a couple may divide only its community property when they divorce. Community property encompasses all assets and debts that the couple acquired during marriage and before the date of separation.Some examples of community property are:Wages and other incomeFunds, investments, pensionsJewelry and valuable possessionsHomes and other real propertyCars and recreation vehiclesAppliances, furniture and other household items.However, gifts or property that one spouse acquires by devise, descent or gift is considered that spouse\u2019s separate property \u2013 even if he\/she acquires the property during the marriage.While we say that community property \u201ctypically\u201d gets distributed equally in a divorce in Arizona, that does not mean that every case will result in a 50\/50 split.Why Is An Equitable Split Not Always an Equal One?Arizona law requires an \u201cequitable\u201d division of the divorcing parties\u2019 community property. An equitable division does not always mean an equal division, however. Unlike many other states, Arizona does not have a statute that sets out a list of factors that a judge must consider when the judge distributes community property. While some general rules apply, the judge has broad discretion.For instance, a judge can order the property to be liquidated, or sold, and also order the proceeds to be distributed equally or according to a different division. A judge can also order property to be distributed \u201cin kind.\u201d For instance, one spouse gets the red car, while the other spouse gets the blue car.A judge can consider one spouse\u2019s economic misconduct when the judge decides how to distribute property. If the one spouse dissipated community property assets by engaging in conduct such as gambling, using drugs or spending on an extramarital affair, that spouse could get a significantly smaller share of the community property.In some cases, a judge will order a 50\/50 split, but then award reimbursement to one or both spouses for things such as:Making improvements to propertyEnhancing the value of the marital homeMaking efforts to pay off debt.So, as you can see, a court may order \u2013 for many different reasons \u2013 an uneven split of community property even in a \u201c50\/50\u201d state such as Arizona.\ufeffHow Do You Distribute Community Property in Arizona?Most people who go through a divorce in Arizona want to avoid going to court. They would prefer to resolve their issues in a more private setting. Fortunately, you can work with your lawyer at Mushkatel, Gobbato, & Kile, P.L.L.C. to explore two options that can help you to stay out of court:Prenuptial Agreement \u2013\u00a0You can enter into a valid prenuptial agreement prior to marriage. The agreement can contain many different provisions, including a plan for the distribution of community property upon divorce.Separation Agreement \u2013\u00a0Even if you do not have a prenuptial agreement, you and your spouse can still reach an agreement on how to divide your community property assets. If necessary, you can use a neutral third party, or mediator, to help you and your spouse to agree on terms. A court must approve the agreement.Most people prefer to reach an agreement outside of court, as it is almost always a less-costly and time-consuming solution. Further, dividing property according to your wishes rather than having a judge decide, is usually preferred.With that said, if you cannot agree on a community property \u201csettlement,\u201d then you will need to go to court and present your case in a hearing. At Mushkatel, Gobbato, & Kile, P.L.L.C., our attorneys are highly experienced trial lawyers who know how to thoroughly prepare for such hearings.How Can a Lawyer Help You in a 50\/50 Divorce State?One of the biggest challenges in a divorce is identifying and putting a value on all community property which should be divided. One of the advantages of working with an experienced divorce attorney at Mushkatel, Gobbato, & Kile, P.L.L.C. is that you will receive a comprehensive investigation of your case.We often work with investigators and highly knowledgeable professionals in fields such as real property appraisals, personal property appraisals, business valuation, and forensic accounting. These professionals can help us to track down and properly evaluate all property that should be divided in your divorce.Our attorneys believe that our careful preparation of your case, along with our knowledge of Arizona\u2019s divorce and community property division laws, can make a meaningful difference for you as you move forward in your divorce. We will work tirelessly and professionally in order to protect your rights and interests at every step in the property division process.Our Arizona Divorce Lawyers Are Ready to Help YouIf you are thinking about a divorce or have recently filed for a divorce, working with a lawyer is strongly recommended. Not only can our lawyers at Mushkatel, Gobbato, & Kile, P.L.L.C. assist you in negotiating your property division agreement. We can also help you with settling other issues like alimony, child support and child custody. Call or reach us online today to learn more."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.phoenixlawteam.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Is Arizona a 50\/50 State in Divorce?","item":"https:\/\/www.phoenixlawteam.com\/blog\/arizona-a-50-50-state-in-divorce\/#breadcrumbitem"}]}]