App. a. Additionally, Arizona’s divorce law. Divorce attorneys may know family law, but they typically know little about tax law - especially when it comes to annuities. Muchesko. Vilaysane addressed whether a person temporarily living in another state is an. , Suite 206 Tempe, Arizona 85281. A marriage breakdown is emotionally draining, and it can be especially so when it comes to the financial picture. 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). Options for what happens to the house in a divorce: Dividing assets — one person gets the home, the other gets other assets. Additionally, a complex calculation is necessary to determine how stock options should be divided upon divorce, should they be deemed marital property. Questions &. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS COMMUNITY. Rio Salado Pkwy. The cash value from a life insurance policy represents part of your net worth as a couple. . If you or your spouse received the stock options during the marriage before the date of separation, it is considered community property. If you need help dividing your retirement benefits because you are divorcing your spouse, call DeShon Laraye Pullen. Call For Consultation (480)305-8300. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS COMMUNITY PROPERTY DIVIDED IN ARIZONA;Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona community property case around today. 4th 416. 4th 640. Free 30 Minute Initial Consults. Determining whether stock options may be transferred to a nonemployee spouse and, if so, how to divide them differs in each case. 7,300 of the stock options were granted after the complaint for divorce was filed. 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. 3d 588 (Ariz. Community property covers buildings, land, money in all its varied forms (cash, investments, bank accounts, and so on) stock options, vehicles, jewelry,. If you have a question about divorce in Arizona, please call to speak to one of our experienced Arizona divorce attorneys at (480)305-8300. If you have more questions beyond "how are stock options from employers divided in a divorce," contact our Virginia family lawyers online or call (888) 530-4374 to schedule a consultation. 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. This is going to mitigate some of those hard feelings your spouse may have about your decision to remove money from financial accounts. In community property states, each spouse is liable for 50% of debt incurred during marriage by either spouse. 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. At the end of a successful settlement, our clients pay only a fraction of their original loan balance. 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. The husband admitted in a verified answer that the retirement account was community property. Contact the Cantor Law Group to schedule a free consultation about how your rights by calling 602. . L. Under this method, the court determines the community interest in the pension and its present cash value. Arizona law requires an equitable division of all community (marital) property upon divorce. Our Arizona divorce. Description. However, if the spouse’s efforts during. For more information about your legal options during a divorce, we encourage you to contact a skilled divorce and family law attorney. Divorcing spouses will most likely benefit from hiring a real estate agent to manage the selling process and offer advice on key. Stock options are subjection to division between spouses in a divorce. Establish Support – $268. 3d 1208 (Ariz. 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. Turn right onto E 6th Ave and. The Arizona Supreme Court noted two methods of determining that interest. 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. Certified Legal Specialist - AV Top Rated Law Firm. transferring property to or from a revocable living trust, and. R. § 25-318 gives the court in a divorce case jurisdiction over the division of property held by the spouses in joint tenancy; however, in this case, the property was acquired before the adoption of the 1962 amendment and was therefore not affected by this amendment. 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. A wife won the lottery with a group of coworkers, but didn't tell her husband about the winnings and filed for divorce 11 days later. Keep in mind, however, that the sale of the house will have associated costs. 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. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS COMMUNITY PROPERTY DIVIDED IN ARIZONA;The first issue is supported by the well-established rule in Arizona presuming a gift occurs if one spouse places separate real property in joint tenancy. In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right,. This effectively means that any debt that is a divorce-related debt will be non-dischargeable if you file a Chapter 7 Bankruptcy. If you have children, those children are already settled into their home, their friends, their neighborhood, and their school. Separate property is owned by only one of the spouses, and thus is not subject to division during a divorce. It sent the case back down to the divorce court to apportion the $79,000 between separate and community property. The two approaches are: Community property: In community property states, marital property is divided 50/50. In most states, couples can handle asset division by mutual agreement. Typically, the options have a vesting period. Mrs. Tucson Location:Distributing Stock Options During an Arizona Divorce. Before reviewing this process, it is vital to discuss the property division laws of Arizona divorces. In the case of Foster vs. The appellate court presumed the decree to be fair and equitable. As a volunteer lawyer she handled immigration, criminal and family law cases. Stock Award 1 was awarded 1 year ago, meaning that it will be another 4 years before the stock vest. In an Arizona divorce, the marital home falls within the scope of community property when spouses acquired the home during the marriage. A property settlement agreement becomes a legally binding part of the final judgment when your marriage is officially dissolved. The first is the “present cash value method”. 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. Unvested Stocks in Divorce Law. If you have questions about debts not included in a divorce decree in. In Arizona, a high net worth is defined as financial assets of over $1 million. Many people just ignore them in divorce cases which can cost one party or the other a tremendous amount of money. Czarnecki retired from the military that same year and received retirement benefits. The question sometimes arises as to what a court may do when separate property is used to buy community property in Arizona. App. Florida judges consider several factors when dividing property, including: each spouse's income and earning potential. . There are a few different options couples can consider when it comes to dividing the family. " " indicates required fields. 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. As many are aware, an employee may receive Stock Options or Restricted Stock Unitsfrom their employer as a form of compensation. Email. He paid $10,000 from a business fund, gave a note to the seller for $5,000 and borrowed $30,000 from the bank. If you have questions about sharing a personal injury settlement in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. View his Divorce Magazine profile. Keep in mind that division of assets may be more complicated for certain types of companies, such as a service-based business. Landman, 212 P. Rio Salado Pkwy. It noted that, under Arizona law, it is the superior court’s job in a divorce to divide all community property held by a couple. Under. Call For Consultation (480)305-8300. In most cases, Stock Options or RSUs that are community property will just be divided equally between the parties, and Stock Options and RSUs that are. Once served, the respondent has 20 days to respond to the petition if they are an Arizona resident or 30 days if they are an out-of-state. One of the most important aspects of many divorce cases concerns what. (See Becchelli v. It sent the case back down to the divorce court to apportion the $79,000 between separate and community property. prenuptial agreements between the spouses. papers filed in the divorce case. S. The spouse who receives the stock options will then have a taxable gain or loss if they choose to sell them. In order to keep the business, Steve will need to come up with $175,000 for Susan. You need to get an attorney. One of the most important aspects of many divorce cases concerns what. She argued Arizona uses the Income Shares Model to calculate child support. Divorce court may take stocks as part of the marital assets to be divided among the spouses. In Arizona, a divorce is called a Dissolution of Marriage. The following is an overview of the community property laws of Arizona as they apply to financial. Sep 01, 2023 · 6 min read. Call us today at (480)305-8300 or reach out. Consider Capital Gains Taxes on the Sale of a House in an Arizona Divorce. 3d 599 (Ariz. R. 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. The Arizona Court of Appeals in a memorandum decision in the case of Jimenez vs. One of the most important aspects of many divorce cases concerns what. This does not necessarily mean that the property will be divided equally, but rather that it will be divided in a way that is fair and equitable given the circumstances of the marriage and the parties involved. 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. Employers may get dragged into an employee’s divorce when stock options are involved. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills. S. The court also ordered the parcel of land to be sold with each party receiving 50% of the sale of the land. The trial court awarded them to the mate as his. Arizona falls in line with many of the same state laws regarding divesting assets and stock options during. Stock Options and Restricted Stock and Your Divorce. e. If the. Divorce) or a Petition for Legal Separation. For more information on the divorce. Generally, a divorce has three types of property:Let’s talk about the effect of stock options on child support in Arizona. , Suite 206 Tempe, Arizona 85281. It can be difficult. 272 (1977), the Arizona Supreme Court considered whether a military pension is a property right or an expectation for divorce purposes if the military spouse has not – at the time of the divorce – completed the. For a complete list of Maricopa County Superior Court visit their website. Stock options give the recipient the opportunity to invest in company shares during a set time period for a lower than average price. The terms “fair” and “equitable” has been defined to mean substantially equal. and it can also be one of the most contentious issues in a divorce. This straightforward method is commonly used for publicly traded companies. The high-powered divorce law team at The Valley Law Group can help you understand all the options and legal tools available to you. To do that. The marital property will be divided in the divorce by the judge if you cannot settle. Van Loan 569 P. However, state laws vary. Market Value. The Short Answer. Complex Property Lawyers. 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. Ct. You can open all your accounts here. Buying out the other party. On Wednesday, Jeff Bezos, the founder of Amazon and currently the richest person. This will help you determine the best course of action for you. W. When getting divorced in Arizona, spouses have the option to let a judge make decisions for them, but they also have the option of finding a way to come to. Please consult the laws of your individual state before taking steps to divide marital assets. Before assets are divided in a divorce, spouses must determine whether property is separate or marital. PT and weekends 7 a. By using a vesting period, the employer encourages top employees to stay with the company. Arizona is a community property state. This means that it will be divided equally in the divorce proceedings. Divorce engagements can require CPAs to act in either or both of two roles. App. If the stock is held for more than a year and sold at $35 a share, the employee will pay capital gains on the $15 of increase between the FMV on the date of exercise and the FMV on the date of sale. Wife claimed that these were community property assets. Tiffany Fina Law Firm is located on 7411 E 6th Suite 103, Scottsdale. They can also agree to continue to own property together if they think they'll be able to cooperate as co-owners. What is a divorce? Divorce is a civil lawsuit to end a marriage. In many cases, a set-off might be a possibility. read more. § 25-315. 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. But even getting a complete list of the assets can be challenging. Sometimes employees. An increase in the value of that separate property during the marriage is also separate property. If there are significant assets as well as debts involved, the situation can get very complicated. $204,004. One of the more common concerns I encounter as a Divorce attorney in Arizona is with new or prospective divorce clients is a real fear that their soon-to-be ex-spouse will dispose of community assets before the court has a chance to divide the property. ) In Pennsylvania, the one-year desertion must be both willful and malicious, without any reasonable cause. Dividing stock options in a divorce can be tricky to approach. 7. As Arizona is a community property state, each spouse is. C. . If you have questions about dividing a business in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. 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. The same is true for your spouse’s 401 (k) if they have one. 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. In Stevens v. The Arizona Divorce Handbook, by attorney Scott David Stewart, has an entire chapter devoted to property division in non-military pension division. No matter what the facts, you will have to hire a talented. The process can be technical and tricky. Taylor, 329 N. 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. The short answer to the question can there be waste of the equity in a marital home in Arizona is, yes, the court will recognize a claim of waste of the equity in a home during a divorce in Arizona; either because a spouse did not take care of the home or intentionally losing equity in the home due to a foreclosure that could. Under the deferred distribution model, at the time of your divorce, the court or the couple will come up with an appropriate formula by which you will be paid when your employee spouse exercises. 2d 59 (1973); Battiste v. Generally, filing fees range from $200 to $250, with additional costs for court-related services. What is Community Property in an Arizona Divorce Case. 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. Unlike with a cash benefit, you don’t immediately enjoy full and unhindered rights over the property. Martin $46,688. The case of Engel v. In a community property state, marital property becomes community property, which is jointly owned by both spouses. The division of community property, due to death or divorce, varies in. Anderson, 256 P. Sec. 29 and the purchase price was $199,900. It’ll stop the divorce in its tracks until the bankruptcy case is over. The easiest and most common method to divide stock options is to have the employee spouse who owns the option offset the agreed-upon value of the option with another asset. If you have more questions beyond "how are stock options from employers divided in a divorce," contact our Virginia family lawyers online or call (888) 530-4374 to schedule a consultation. 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. 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. 2009) presented a host of legal issues, both big and small, related to such a motion. Separate property and debt are not divided. read more. They will advocate for a division of property that works in your favor. Ask us about your concerns and consult with us regarding divorce representation. One of the most important aspects of many divorce cases concerns what. To schedule an appointment about your case with a member of our dedicated legal team, call Coker, Robb & Cannon, Family Lawyers at (940) 293. A. Typically, an Arizona court will divide the equity value of the house equally between the spouses. In every Arizona divorce, all marital property must be divided between spouses. Dividing Sole and Separate Property and Community Property. An Arizona Superior Court must have jurisdiction to process a divorce case. App. Bio and Articles. There are many options to keep as much of your 401 (k) as possible during a divorce. Defining Arizona Community & Separate Property in a Business Context. In equitable distribution states, the court tries to divide debts fairly, but that doesn’t always mean equally. Direct appeals from all family law rulings. . The husband admitted in a verified answer that the retirement account was community property. , Suite 206 Tempe, Arizona 85281. Community property Arizona law requires the full. This can only be rebutted by clear and convincing evidence to the contrary. The Long Answer. Arizona Divorce: Dividing Business Profits. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS COMMUNITY PROPERTY DIVIDED IN ARIZONA;Stock Option Challenges. It’s not necessarily a 50-50 split, though. papers filed in the divorce case. 50. Both the Detailed and Summary reports have the. The community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973, but only to the extent of the value of that. If this is your situation, I invite you to call me. Other formulas may be used and the individual grants may also be considered on a case-by-case basis. Arizona, and Texas. Learn this and more on LegalMatch by calling (415) 946 - 3744. 70. 00. A QDRO allows a former spouse to receive a predefined amount of their spouse's retirement plan assets. The Arizona Court of Appeals in the published decision of Meister vs. Sometimes, a company gives an employee stock options to attract the employee to come to work for it; other times, a company offers stock options to try to keep an employee or to compensate him or. B. Rather, the court will divide property between spouses in a way that it considers fair. Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. , our divorce attorneys in Phoenix help people dealing with complex property issues and are available to answer questions from our clients throughout the divorce process. Call us today at (480)305-8300 or reach out to us through. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS. Decision. In some states, property acquired during the marriage is part of the “community" and is often split 50/50 in cases of divorce. In addition to a proposed property division plan, divorce attorneys with Stewart Law Group also assist their clients in negotiating parenting plan agreement s and spousal maintenance terms. Rio Salado Pkwy. Published By: My AZ Lawyers. The court will look at the value of the stocks, as well as any other assets, and decide how to divide them between the. There are many ways two people going through a divorce or other fami ly law. Mr. Soon after the marriage, he bought the other half for $45,000. The first thing you should know is that Arizona is a community property state. (23 Penn. Learn whether an extramarital affair can affect spousal maintenance—or any other issue in an Arizona divorce. App. Every parent or spouse with a divorce or child custody dispute pending should know a little about the appeal process in Arizona law. If you have been married for a lengthy period of time and have accumulated substantial assets, it can be even more complex. Filing an Individual Chapter 7 After Divorce. Q. 2d 214, 116 Ariz. Also exempted are assets a spouse acquires by inheritance or gift during the. App. These rights are often given by employers to certain employees as an incentive to work for the company. You can consider selling your home, how close you are to Social Security (age 62), gathering evidence that keeps more money in your pocket, and making lifestyle changes that put more money back into your 401 (k). The other role requires the CPA to apply his or her tax expertise to separating marital assets and payments. Evans owned half of the “French Café and Cocktail Lounge” business. The stock need not be publicly traded, but in most of the reported cases, a regular market does exist for the stock at issue. Since 1997, each spouse may exclude up to $250,000 (or $500,000 as a couple) from any capital gains tax if the spouses have lived in the house for any two of the last five years. 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. He can give Susan his $50,000 equity in the home and provide her with a property settlement note for the. According to Forbes, many start-up companies offer their employees stock options and restricted stock. Community property belongs to both spouses jointly (often referred to as the "community estate. In our discretion, we decline to award Wife attorney’s fees under A. Foster, the husband filed an appeal of the trial court’s division of guns in an Arizona divorce. 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. However, it is essential to note that the division must be equitable rather than strictly equal, allowing judges some discretion in making decisions. You cannot get a divorce in Family Court. If a spouse is caught hiding assets, the court may require them to pay the spouse’s share of the assets to them. each spouse's age and physical and emotional health. Michael I. Like many other states, Arizona will distribute property resulting from the marriage only if that property was acquired during the marriage. This is because stocks are considered to be property, and property is subject to division in a divorce. 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. S. If you have questions about the division of deferred retirement option plans in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. DISSOLUTION OF MARRIAGE. Our advice is not contesting a wife’s entitlement to more than 50%, but trying to settle out of court by. read more. Creditor relied on Arizona Revised Statutes §25-215. One example of a case where the assets were divided equitably but not equally is Toth v. 1095 W. Marital property is something a couple buys during their marriage. In this case, the employee spouse needs to act as a fiduciary for the ex-spouse well after the divorce is finalized. In the case of an Incentive Stock Option, the taxpayer does not recognize income upon the granting or exercise of the option. One of the most complicated steps in any divorce proceeding is the division of assets. This capital gains exclusion can work against a single house owner who takes the house as part of the settlement, and then sells it later as a. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. 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. Proving Separate Property in an AZ Divorce | Hildebrand Law, PC. The Hug case viewed the options as a form of deferred compensation for past. This does not automatically mean that each spouse will. In the majority of cases, a fair division will be an equal (50/50) division. Taxes During MarriageGen. Yes. In Arizona, as a community property state, any 401(k) funds accumulated during the marriage are subject to equal division between spouses. Let’s look at the questions attorneys ask most often — and the. As addressed through Brebaugh v Deane, 211 Ariz. Another may be the addition of a spouse’s name to a property that was purchased prior to the marriage. High asset divorce cases can become extremely contentious when it comes to the division of property because the stakes are higher. The trusted lawyers at Goldman Law are ready to help. Remember, the divorce will have a. The disclaimer deed is a legal document that has legal consequences. . 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. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS. After Hours: 248-733-5021. Options that are granted, are for the purpose of rewarding past performance, and have not vested at the time of the divorce are generally divided using the “time rule,” giving a party a progressively smaller percentage of options that vest farther from the divorce date. In Arizona, the decision of the court regarding the division of marital assets is based upon state law. Stat. Additionally, we can assist you with matters of domestic violence, orders of protection, child custody, spousal support. Step 3 - How to respond to a divorce, set a default hearing, submit a consent decree, prepare for trial. Rio Salado Pkwy. Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. In fact, there are significant differences between traditional divorces and high-asset divorces. September. 1095 W. Marital v. No. changing the way owners hold title to the property. They believe this results in a low cost and limited-conflict route to getting a. Divorce is never easy, but working with the right Arizona divorce attorney can make the process a little more manageable. She failed to disclose the $1. Contact us toda y to see how we can help you. stock options (vested and unvested). In contrast, Tennessee requires only that the year-long desertion or absence be willful or malicious, with no reasonable cause. Options that are granted, are for the purpose of rewarding past performance, and have not vested at the time of the divorce are generally divided using the “time rule,” giving a party a progressively smaller percentage of options that vest farther from the divorce date. VALUATION OF STOCK HOLDINGS AND DEBT IN AN. Arizona Divorce Rules and Property Division. Contact a Skilled Divorce Lawyer. How are assets divided. There are state-specific regulations for people looking to get divorced in Arizona. 745. In a few states a spouse can even be sentenced to jail time for continuing to hide assets. , Suite 206 Tempe, Arizona 85281. You will not have an impact on your taxes from what they do with the stock options. Any stock options or restricted stock received after the date of separation is considered the separate property of the spouse that. Contact an experienced family law attorney today by calling the law offices of DeShon Laraye Pullen PLC at 602-252-1968. Ct. Under Arizona's community property laws, all assets and debts a couple acquires during marriage belong equally to both spouses. Koelsch, noted that property earned by either spouse’s employment is community property in Arizona. , Suite #100. The percentage the other spouse is entitled. The judge issued a property division order that did not address the lotto money. First, stock options are almost always non-transferable. Click To Call Us (480) 219-2433. This represented her share of the community income earned during their three years of separation. For example, if a spouse has. However, as noted, this is not always practical or even possible. , Suite 206 Tempe, Arizona 85281. Defining Marital Property and Separate Property. Spouses can divide assets by assigning certain items to each spouse, possibly with an equalizing payment if one spouse gets substantially more than the other, or by selling property and dividing the proceeds. Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona community property case around today. Czarnecki in 1973. , 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. 272 (1977), the Arizona Supreme Court considered whether a military pension is a property right or an expectation for divorce purposes if the military spouse has not – at the time of the divorce – completed the years of service necessary to claim it. Marital property will be divided during the divorce process in accordance with the state’s division system. Before submitting a petition for divorce, one party must have resided in Arizona for a minimum of 90 days. separate property and how marital property is divided). HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE;.