If you have questions about dividing a business in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. (By Appointment Only) 4531 North 16th Street, Suite 126 Phoenix, AZ 85016 Phone: 602-252-1968 Phoenix Law Office MapA stock option gives an individual the right, but not the obligation to buy or sell a stock at an agreed upon price for a fixed period of time. If you and your spouse divorce, your 401 (k) could be divided up as part of the financial settlement. In Jurek v. John Howell and Sandra Howell divorced in 1991. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS COMMUNITY PROPERTY DIVIDED IN ARIZONA;If the stock options are vested, they are considered property and would then be divided as any other property item (i. An increase in the value of that separate property during the marriage is also separate property. Division of Military Retirement in Arizona. While child custody can become a contentious issue in a divorce, determining the future of family pets can also be emotionally challenging. By addressing the issue of IRAs as part of a divorce, it is possible to avoid surprise transfers to an ex-spouse after a death. Arizona case law provides formulas for determining the percentage of community interest in the options under each scenario. If you are facing a contentious divorce, call Thomas Law Office at (602) 788-1395 to schedule a consultation to. If the couple divorces or obtains a legal separation, the court will decide how the marital property will be divided. Divorce and separation: treatment of stock options for purposes of dividing marital property, 46 A. 4th 481. The court determines the value of unexercised stock options and decides upon an equitable division. , Suite 206 Tempe, Arizona 85281. See moreDistributing Stock Options During an Arizona Divorce. That would make the Drahos calculation as follows: 70,000 + [ (70,000/100,000) x 200,000] = 210,000. The trial court limited her obligation to the extent of the community property she received in the divorce. Yes. We offer a comfortable, positive atmosphere that can help you avoid the stress and frustration of divorce litigation. One of the most important aspects of many divorce cases concerns what. Johnson case presented an excellent analysis of how retirement accounts are divided in a divorce in Arizona. Only when all the steps of the divorce process are complete is the divorce final, though some aspects, like child custody, child support, and alimony, can sometimes be. Code §36-4-101 (2022). Another thing that a spouse should keep in mind is that there are many types of marital property. Q. John Howell and Sandra Howell divorced in 1991. Rio Salado Pkwy. An increase in the value of that separate property during the marriage is also separate property. One of the most important aspects of many divorce cases concerns what. Call Us: (480) 219-2433. A judge will divide a divorcing couple's property and debts, unless the couple is able to reach a settlement agreement. Our Arizona community property and family law attorneys have over 100 years of combined experience successfully representing clients in community property and family law cases. The parties were going through a divorce in Arizona. If you have. Generally, it is the wife that files for divorce in Arizona so she will be entitled to half of all community property and earnings during the marriage unless she can prove otherwise. Mitchell, 152 Ariz. They aren't…. Stock plans rarely allow. Ct. Let’s look at the questions attorneys ask most often — and the answers to. The property is divided equally regardless of other factors of the separation. Want to get divorced in the Maine? Find out the residency requirements, procedures, and what to expect regarding property division, alimony, child…. It is a court order that divides pension payments between spouses. After earning a law degree from the University of Arizona, he clerked for two years for a U. Example: Susan and Steve have two significant assets: $100,000 equity in their home ($50,000 each) and the value of their business - $350,000 ($175,000 each). Muchesko. By analogy, if an account has 100 shares of ABC stock in it as of date of separation/divorce and the value of those shares is $10 a share, then the alternate payee can expect to receive 50 shares of ABC stock (which at. Whereas, if the accumulated paid time off is not reimbursable, it is the separate property of the spouse who earned it and it should not be divided in a divorce. Mrs. Community property belongs to both spouses jointly (often referred to as the "community estate. Specifically: you or your spouse must have lived in Arizona at least 90 days before you file the Divorce Petition, or one of you is a member of the armed forces and has been stationed in Arizona at least 90 days before you file for divorce. An equitable division of marital property is not always an equal division. 254. In many cases where a couple is fighting over property in their divorce, a judge will have to look closely at the specific facts and decide whether the assets are separate or marital. Arizona Revised Statute Section 25-318(B) allows a judge to consider the taxes that will become due upon the sale of an asset, such as capital gains taxes on a home. 50. Stock Options and Divorce in Arizona The Arizona Court of Appeals issued a decision regarding whether stock options that have not vested before the petition of dissolution is served. They can also agree to continue to own property together if they think they'll be able to cooperate as co-owners. Property and assets acquired before a marriage are generally considered separate property in most cases. TITLE 1. That means that, after the divorce decree was entered, each spouse was the owner of 50% of. You cannot get a divorce in Family Court. (480) 833-8000. 1095 W. A division of individual retirement accounts (IRAs) can be ordered in a divorce decree or a property settlement agreement that's been recognized by the court. Divorce; Name change; Real estate. It sent the case back down to the divorce court to apportion the $79,000 between separate and community property. The court awarded assets totaling $184,843 to wife and $215,211 to the husband. Most commonly, options are divided using coverture and valued using Black-Scholes. This effectively means that any debt that is a divorce-related debt will be non-dischargeable if you file a Chapter 7 Bankruptcy. There were two blocks of stock options in dispute (i. A Family Law Judge will be assigned to conduct proceedings and enter a divorce decree in AZ. Jeff Bezos is splitting up with his wife—which means they have an estimated $137 billion in assets to divvy up. Call us today at (480)305-8300 or reach out to us through. While the house is considered the wife’s separate property because she purchased it before the marriage, the $210,000 represents the community lien on the property. com to schedule an in-office consultation. After Hours: 248-733-5021. If the parties are unable to agree upon the division of their property, the court will assign to each party any sole and separate property belonging to him or her and will “fairly and equitably” divide the remaining community property. However,. Jimenez had to address the issue, among others, of whether an Arizona divorce court has the legal authority to join a third party in a divorce case for the purpose of allowing a spouse to bring a fraudulent conveyance claim in an Arizona. Florida Divorce Laws. Please consult the laws of your individual state before taking steps to divide marital assets. Let our property division lawyers use our knowledge and experience to put a price on your stock options and figure out how to make them work as part of your proposed plan for the division of marital assets. When dividing assets, the question of stock options may come up. If the. Call For Consultation (480)305-8300. , 4,000 and 1,800), both granted on November 7, 1990. One of the more difficult items to divide in divorce is a stock option. C. AWARD OF MARITAL PROPERTY. ARS § 25-317. In community property states, each spouse is liable for 50% of debt incurred during marriage by either spouse. Rather than giving the. As addressed through Brebaugh v Deane, 211 Ariz. Legal wrangling aside, if you and your ex need to purchase a new policy after your divorce, you’ll need to determine if term or permanent life insurance is the best choice. Call our Phoenix, Arizona office at (602) 732-3098. When a couple owns a complex stock portfolio that may include everything from individual stocks, they brought into the marriage to 401(k) accounts to vesting options with their employer, then the question of how stocks are. Open a credit card in your name alone. 1987). If you were married when you started the business and the stock vests after separation, then it will be divided according to the time rule described. In fact, there are significant differences between traditional divorces and high-asset divorces. Hildebrand Law, PC explains how stock options are divided in an Arizona divorce. valuation of stock holdings and debt in an arizona divorce; loans before marriage in arizona; creditor lien on joint tenancy property in an arizona divorce; increase in value. Complex Property Lawyers. In a community property state, marital property becomes community property, which is jointly owned by both spouses. Keep in mind that division of assets may be more complicated for certain types of companies, such as a service-based business. . For example, a QDRO might pay out 50% of the account's value that has grown during the. HOW STOCK OPTIONS ARE. read more. Adding your spouse to the title to your sole and separate home constitutes a gift of your separate property to the community. This article explains what you can expect from. the courts generally seek to divide debt equitably in a divorce case. FAMILY CODE. CALCULATING A COMMUNITY LIEN ON AN APPRECIATING ASSET IN AN ARIZONA DIVORCE. Questions & Answers A. R. Rio Salado Pkwy. The law specifically stipulates this will include “prevention of acts of harm or cruelty” and “the provision of food. CIT Bank is a solid option if you’re looking for a high-interest savings account with no monthly fees. In these states, all of a married couple's property is classified as either community or separate property. In order to ensure your or your spouse’s stock options are divided fairly in a divorce, contact the skilled attorneys at Orsinger, Nelson, Downing & Anderson today. Divorce engagements can require CPAs to act in either or both of two roles. In the case of In Re Marriage of Inboden, 225 P. They separated in 1990 and began discussing how to divide their property. 3d 599 (Ariz. In this case, the employee spouse needs to act as a fiduciary for the ex-spouse well after the divorce is finalized. He is a Certified Divorce Financial Analyst™, Chartered Retirement Planning Counselor. Quick Tips to Prepare for Divorce: Open a checking account and savings account in your name alone. 4. Arizona Divorce Rules and Property Division. The wife asked for the court to divide the retirement as community property. 3) The recent housing market is an advantage to sellers–you may be able to get a higher price for your home now than you would after the divorce is final. In Van Loan v. The Arizona Court of Appeals in the case of Schickner v. Ct. Choosing between term life and another policy type. It’s strongly recommended to submit the draft QDRO to the 401 (k) plan administer for their review and approval. Divorce) or a Petition for Legal Separation. The four premises of value Arizona court’s may apply to a business appraisal in a divorce case are the “going concern premise,” “value of the assets premise,” “value of the sale of the assets premise,” “value of the assets in an expedited liquidation premise. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE;. 2012) the Arizona Court of Appeals discussed whether a divorce court has the authority to reopen the case when community property is accidentally omitted. 1095 W. Foster, the husband filed an appeal of the trial court’s division of guns in an Arizona divorce. Types of Business Appraisals in an Arizona Divorce From Hildebrand Law, PC. By using a vesting period, the employer encourages top employees to stay with the company. This sounds like a simple distinction, but sometimes the issue becomes more complicated. 122, 494A. 4th 640. Call For Consultation (480)305-8300. Arizona Revised Statute Section 25-312(1) requires that either you or your spouse must be a resident of Arizona for at least 90 days to file for divorce in Arizona. 1. . Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. Option 1: The employee spouse can keep the RSUs and buy out the other spouse’s interest based on the current value. Debt is also subject to division in an Arizona divorce. To divide a business in a divorce, the court will look at relevant financial information such as contracts, invoices, certificates, balance sheets, profit and loss statements, and more. Additionally, a complex calculation is necessary to determine how stock options should be divided upon divorce, should they be deemed marital property. Let’s cover each of these concepts individually. This could translate to instant earnings if the stock’s market price is much higher. If you have questions about purchasing property with separate funds to be held jointly in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Separate property is owned by only one of the spouses, and thus is not subject to division during a divorce. Judy and Norman Flower married in. California is what is known as a community property state. It then considered A. Valuation of Stock Holdings and Debt in an Arizona Divorce as Explained by the Arizona Community Property Attorneys at Hildebrand Law, PC. TAKEAWAYS. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. After cashing in nearly US$30,000 to pay support, the husband saw his remaining unexercised stock options drop in value to about US$7,600 by the time of trial. Additionally, we can assist you with matters of domestic violence, orders of protection, child custody, spousal support. When you begin the process of getting divorced in Arizona, you will come to learn that most of the contention is around two things: child custody and financial matters. 2d 712 (1953), the Arizona Supreme Court considered the question of whether Arizona courts would enforce an agreement made by an unmarried, cohabiting couple to pool their earnings and share equally in all assets gained during their time together. Vested vs. by: Winstead’s. 317, 319, 732 P. Dividing assets in a divorce. Arkansas law requires an equitable, or fair, division. The issue that you’re asking is how to distribute them as the stock has not yet been purchased and the right is not transferred to the non employee. Arizona Divorce Rules and Property Division. If you or your spouse received the stock options during the marriage before the date of separation, it is considered community property. The Arizona Court of Appeals in a memorandum decision in the case of Jimenez vs. S. Community property is subject to a roughly 50/50 split in a divorce. The Long Answer. For example, if a spouse has. 2d 812 (1980), the Arizona Supreme Court ruled that one spouse’s personal injury recovery can include some money that is community property and some that are. The spouse who receives the stock options will then have a taxable gain or loss if they choose to sell them. Contact us toda y to see how we can help you. impact of improvements to separate property in an arizona divorce; how to enforce division of property and debt in arizona; how to divide property in arizona when a. No. " " indicates required fields. The Arizona Court of Appeals in the case of Bell-Kilbourn vs. 95, stock options must be further looked at to see the terms of their execution as well as when the grant would be. App. To do that. “During the marriage” is defined as the period from the date of marriage to the date of service, or the date a spouse is served with a Petition for Dissolution of Marriage (a. So, if one spouse gets the house with $20,000 of equity in it, the other spouse would. ARS § 25-318. The court awarded some of the guns to the husband as his sole and separate property but divided other firearms as community property. Community property is required to be divided during the divorce process. March 21st, 2022. According to Avani Ramnani, one of the top divorce financial. Let’s look at the questions attorneys ask most often — and the. 8 out of 5 stars. Arizona is a community property state, meaning that all property, assets, and debts acquired during the marriage are generally divided equally between the spouses in a divorce. The division of assets in any divorce is often a complicated process, but when stock options are added to the mix, the work becomes all the more difficult. On Wednesday, Jeff Bezos, the founder of Amazon and currently the richest person. $204,004. In other words, after the value of stock options is ascertained by an expert witness, like a forensic accountant, the stock options can often be offset against other marital assets in the property division aspect of a divorce. Most debts incurred during a marriage will need to be divided during divorce proceedings. Call For Consultation (480)305-8300. 5 However, a mere expectation to receive money is not divided in a divorce. It’ll stop the divorce in its tracks until the bankruptcy case is over. When you meet with us, we will determine whether you have strong grounds for reopening your divorce case and guide you through the process. If the couple cannot decide on a way to divide the debt, the couple will need to go to court, and the judge will determine how the property should be divided. A stock option provides the employee an option to purchase company stock at a stated price,. Taxes During MarriageGen. You can get a portion of your spouse s stock options during a divorce proceeding. When dividing assets, the question of stock options may come up. The first thing you should know is that Arizona is a community property state. Because this procedure is complicated, it is essential to have the assistance of a capable divorce attorney. 4th 416. (770) 425-5573. At Cohen Family Law, our practice is dedicated to helping families in Arizona find amicable solutions to these challenges. This would tend to suggest that Arizona is a 50/50 state in a divorce. As of the date of trial, the wife owned 20,069 stock options awarded between April 14, 1987 and November 15, 1991. The same is true for your spouse’s 401 (k) if they have one. A property settlement agreement becomes a legally binding part of the final judgment when your marriage is officially dissolved. In many divorce cases, the couple’s credit scores get hit from a combination of things before and during a divorce. In the state of Arizona, all assets acquired during the marriage, by either spouse, are presumed to be community property. Under Arizona's community property laws, all assets and debts a couple acquires during marriage belong equally to both spouses. Van Loan 569 P. Direct appeals from all family law rulings. First, stock options are almost always non-transferable. Equity in Home: Ability to access equity may be required if the home is not being sold or one spouse wants to purchase before the home is sold or the divorce is final. read more. Divorce attorneys may know family law, but they typically know little about tax law - especially when it comes to annuities. The trusted lawyers at Goldman Law are ready to help. The Hug case viewed the options as a form of deferred compensation for past. Valuation Methods. 2d 208 (Ariz. The other party, the respondent, will be served the petition by a third party. Therefore, stock options earned during marriage are marital property subject to. As Arizona is a community property state, each spouse is. Courts in equitable distribution states will split all assets, earnings, personal property, and debts between the spouses in a division that is fair (in the eyes of the judge) but not necessarily equal. Marital property is something a couple buys during their marriage. the length of the couple's marriage. The court will look at the value of the stocks, as well as any other assets, and decide how to divide them between the. m. If you have questions about s spouse hiding assets in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. With that said, it is essential to seek the guidance of an Atlanta divorce attorney with the knowledge and skill necessary to ensure you are awarded a fair property settlement if you are seeking. EXCLUDING CAPITAL GAINS. Mr. As Arizona is one of nine community property states in the United States, anything earned (or debt incurred) during the marriage is community property and, thus, subject to “equitable” distribution in a divorce. Ct. A Qualified Domestic Relation Order or QDRO is used to divide non-governmental ERISA pensions. Published By: My AZ Lawyers. Unlike with a cash benefit, you don’t immediately enjoy full and unhindered rights over the property. R. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. m. App. If the restricted stock carries with it only one of the characteristics of ownership (voting or dividends, but not both) Colorado law is unclear. The judge issued a property division order that did not address the lotto money. Divorcing spouses will most likely benefit from hiring a real estate agent to manage the selling process and offer advice on key. What is Community Property in an Arizona Divorce Case. App. You are able to divide unvested stock units in a divorce pursuant to a case that’s called a Powell and Powell case, sort of a coverture fraction where you get 50% of stock that is vested and a smaller percentage of unvested stock. They believe this results in a low cost and limited-conflict route to getting a. How to file a divorce in Connecticut. Jurek , 124 Ariz. Vilaysane addressed whether a person temporarily living in another state is an. Howell No CV 15-0030-PR (Filed December 2, 2015), the Arizona Supreme Court discussed what happens when part of a veteran’s retirement pay is awarded to the spouse in a divorce decree before the veteran waives a part of it for disability benefits. Brown is here to help people with their. At the time of the post-decree action for division, Wife would be entitled to one half of the value of the previously undivided stock options since those stock options existed at the time of the final decree, even though without value, the options would have been community property since they were earned during marriage, and Arizona Court of Appeals Rules on Reopening a Case to Divide Assets Not Divided in a Divorce Decree In the case of Ringear v. Therefore, the wife should be liable for half of the community debt omitted in the divorce decree. Arizona law requires a fair (or “equitable”) distribution of divorcing spouses’ community assets, and, in most cases, this will mean a 50-50 split. From Scottsdale Airport head northwest on E Butherus Dr toward N 75th St and use the left 2 lanes to turn left onto N Scottsdale Rd. Judges hearing divorce and other family law cases prefer for the parties to settle their case and avoid litigating their cases in a final divorce or family law trial. Tiffany Fina Law Firm is located on 7411 E 6th Suite 103, Scottsdale. Czarnecki in 1973. Stock options and restricted stock units (RSUs) are time-delayed financial assets, which makes it difficult to divide them in a divorce. At this time, Mr. The employee spouse will also have additional FICA taxes on the amount of the difference. Vested vs. This will help you determine the best course of action for you. Call For Consultation (480)305-8300. The marital property will be divided in the divorce by the judge if you cannot settle. An experienced lender can help with analyzing the situation and determining what can be done to fix the credit and raise the scores. Of course, when we're talking about property division in divorce, that doesn't mean physically splitting each asset between the spouses. An Arizona Superior Court must have jurisdiction to process a divorce case. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS COMMUNITY PROPERTY DIVIDED IN ARIZONA;October 22, 2022 by Thomas. In contrast, Tennessee requires only that the year-long desertion or absence be willful or malicious, with no reasonable cause. . Czarnecki filed for a divorce from Mr. The Long Answer. In most states, couples can handle asset division by mutual agreement. Our Arizona divorce and family law. Our Gilbert law office offers an array of practice areas within family law including divorce. R. During a divorce in Arizona, the equity is often relied upon as a bank account in the property settlement, and to start your new life. Arizona Revised Statute Section 25-318 (B) allows a judge to consider the taxes that will become due upon the sale of an asset, such as capital gains taxes on a home. e. There was a (somewhat) recent case in the Arizona Court of Appeals on this very issue that affirmed the court’s position. Call us today at (480)305-8300 or reach out to us through. Spouse's dissipation of marital assets prior to divorce as factor in divorce court's determination of property division, 41 A. e. All filing fees are payable to the Clerk of the Superior Court when you file your documents. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS. There are dozens of issues that need to be settled in a divorce, but dividing up finances is understandably a priority. 7,300 of the stock options were granted after the complaint for divorce was filed. What if I change my mind after starting a divorce case? If you and your spouse decide to stay married, the divorce case can be canceled (or "dismissed") by fil-ing a request with the Clerk of Superior Court. Arizona Divorce: Dividing Business Profits. Military Retirement Pay may also be divided in an Arizona divorce. This can only be rebutted by clear and convincing evidence to the contrary. Generally, filing fees range from $200 to $250, with additional costs for court-related services. Learn about property division and other issues in an Ohio divorce at our resource section on Ohio Divorce & Family Law. January 25, 2019. Such property includes: Professional licenses; Stock options; Retirement plansPosted On May 25, 2022 In Divorce. Koelsch, noted that property earned by either spouse’s employment is community property in Arizona. After you research well, you should contact a family law attorney Mesa and see what your options are. Ask us about your concerns and consult with us regarding divorce representation. High asset divorce cases can become extremely contentious when it comes to the division of property because the stakes are higher. Before we discuss the division of Employee Stock Options, a basic understanding of how they function is important. Understanding and Calculating Alimony in Arizona. Our Arizona community property and family law attorneys have over 100 years of combined experience successfully representing clients in community. 2009) presented a host of legal issues, both big and small, related to such a motion. The division of assets in any divorce is often a complicated process, but when stock options are added to the mix, the work becomes all the more difficult. Retirement Assets. Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. However, an Arizona judge may only consider those capital gains taxes if a sale of the. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS COMMUNITY PROPERTY DIVIDED IN ARIZONA;One of the most important aspects of many divorce cases concerns what. The cost of filing for divorce in Arizona varies depending on the complexity of the case and other factors. How the 401 (k) is to be. A stock option provides the employee an option to purchase company stock at a stated price, referred to as the “strike price,” at a given point in time. In equitable distribution states, the court tries to divide debts fairly, but that doesn’t always mean equally. However, as noted, this is not always practical or even possible. As many are aware, an employee may receive Stock Options or Restricted Stock Unitsfrom their employer as a form of compensation. The question sometimes arises as to what a court may do when separate property is used to buy community property in Arizona. View his Divorce Magazine profile. Mitchell v. The difference between these reports is the level of discovery and data that is included, as well as the methods and approaches used to reach the Conclusion of Value or the Calculated Value. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE;. S. Step 2 - How to serve the first court papers. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. Qualified plans such as 401 (k)s require a document called a “qualified domestic relations order” (QDRO) to be divided. This may require selling the property and splitting the net proceeds. In the case of an Incentive Stock Option, the taxpayer does not recognize income upon the granting or exercise of the option. is a divorce law firm in Yuma, Arizona that can help you understand your rights when it comes to divorce involving complex financial situations. This typically occurs when a spouse owns a home during a marriage but then adds his or her spouse’s name to the Deed to the home. To determine the relative marital value and non-marital values of stock options, Minnesota Courts have looked to the same methods that are used for valuing unvested pension interests. The Minnesota Supreme Court outlined a method of division for vested but unmatured benefits in the case Taylor v. Navarrete & Schwartz, P. Divorce court may take stocks as part of the marital assets to be divided among the spouses. Czarnecki retired from the military that same year and received retirement benefits. (See Becchelli v. The couple lived in Pennsylvania. This means that any properties and other assets acquired during the marriage are split 50/50 during the divorce. If you would like to work with one of our experienced Attorneys to learn more, please call OWENS & PERKINS at (480) 994-8824 to schedule your free 30 minute consultation. Dividing Sole and Separate Property and Community Property. The exception to this is if any accounts were funded prior to marriage. Keep in mind, however, that the sale of the house will have associated costs. If you need information about what happens to an increase in the separate property during a divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. If you need information about what happens to an increase in the separate property during a divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. We're available Mon-Fri 5 a. , is it marital or separate, if marital how is it going to be divided to reach an equitable distribution- see prior blog posts on the determinations of marital v. Arizona law requires an equitable division of all community (marital) property upon divorce. m. 4) Selling your house after divorce may be more difficult due to a lack of cooperation from a spouse due to hurt feelings stemming from the divorce litigation. To execute the separation of the 401 (k) plan, a QDRO must be drafted that will tell the 401 (k) plan administrator how to divide the retirement asset. 1. One of the thorniest issues in divorce is the division of property. Quitclaim deeds are used most often when no money. That is where your case will be filed. A valid prenuptial or premarital agreement can override. With My AZ Lawyers. So, generally speaking, any stock options granted to the employee spouse before the couple married or. The cash value from a life insurance policy represents part of your net worth as a couple.