Maintenance And Property
A.R.S. 25-318 — community property divided equitably, without regard to marital misconduct
Community property. Property either spouse acquires during the marriage is community property, except property acquired by gift, devise or descent, and property acquired after service of a petition that results in a decree.
The court assigns each spouse's separate property to that spouse, and divides community, joint tenancy and other common property equitably, though not necessarily in kind, without regard to marital misconduct. It may consider related debts and taxes.
The court may order maintenance for a spouse who:
- Lacks enough property, including property apportioned, for reasonable needs.
- Lacks earning ability adequate to be self-sufficient.
- Is the parent of a child whose age or condition means the parent should not be required to work outside the home.
- Contributed significantly to the other spouse's education, training or career, or gave up income or career opportunities for the other spouse.
- Had a marriage of long duration and is of an age that may prevent gaining adequate employment.
Among the factors in the amount and duration are the standard of living during the marriage, its duration, the requesting spouse's age, employment history, earning ability and health, the other spouse's ability to meet both sets of needs, and their comparative financial resources.
Sources for this section (3)
- A.R.S. 25-211 — Property acquired during marriage as community property
- A.R.S. 25-318 — Disposition of property
- A.R.S. 25-319 — Maintenance; guidelines; computation factors
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.