Quick answer: Arizona divides community property equitably, though not necessarily equally, without regard to marital misconduct. Property acquired during the marriage is community property until a petition is served and results in a decree; after service it is separate. The court may not consider federal veterans’ disability benefits.
This Arizona pension division calculator shows the community fraction of a benefit and an illustrative share under A.R.S. 25-318 and 25-211. You supply the months of service from the marriage to service of the petition, the total months, the monthly benefit and the share you want to test: the statutes set no pension formula, so the share is your assumption.
Arizona pension and retirement division at a glance
| Rule | What Arizona says |
|---|---|
| Community property | All property acquired by either spouse during the marriage, except by gift, devise or descent, or after service of a petition that results in a decree (A.R.S. 25-211(A)) |
| Division | The court assigns separate property to each spouse and divides community and jointly held property equitably, though not necessarily in kind, without regard to marital misconduct (25-318(A)) |
| Waste and fraud | The court may consider excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community property (25-318(C)) |
| Undivided property | Community property the decree does not divide is held as tenants in common, each with an undivided one-half interest (25-318(D)) |
| Veterans’ disability | The court shall not consider federal disability benefits for service-connected disabilities (25-318.01) |
| Military pay | Federal law caps total court-ordered payments at 50% of disposable retired pay and allows direct payment only after a 10-year marriage and service overlap (10 U.S.C. 1408) |
How does Arizona divide a pension?
- The community share. See how an Arizona pension’s community share is calculated.
- Dates and valuation. See cutoff dates and valuation for retirement accounts in Arizona.
- Military and federal pensions. See military and federal pensions in an Arizona divorce.
What does this pension division calculator check?
The calculator divides the months of service from the marriage to service of the petition by total months of service, applies that fraction to the monthly benefit, and multiplies by the share you enter. For military retired pay it also checks the federal 10-year overlap that allows direct payment. A court may use a different method, and the benefit also depends on the plan’s own rules. To see the rest of the property split, use the Arizona property division calculator.
Frequently asked questions
Are pensions divided in an Arizona divorce?
Property acquired during the marriage is community property and is divided equitably; the statutes we read do not name pensions, and courts have addressed them in case law we did not review.
Is there a 50% cap on retirement division in Arizona?
Not in the statutes we read. The court divides community property equitably, though not necessarily equally, but federal law caps military pay at 50% of disposable retired pay.
When does Arizona stop counting community property?
When a petition is served and results in a decree: property acquired after service is separate.
Does fault matter for dividing an Arizona pension?
No. Division is without regard to marital misconduct, though waste and fraudulent disposition can be considered.
Is military disability pay divided in Arizona?
No. The court shall not consider federal disability benefits for service-connected disabilities.
Official sources
- A.R.S. 25-211: community property; effect of service of a petition
- A.R.S. 25-213: separate property
- A.R.S. 25-318: disposition of property
- A.R.S. 25-318.01: military retirement benefits; disability waiver
- 10 U.S.C. 1408: military retired pay in divorce
- 26 U.S.C. 414(p): qualified domestic relations orders
- 29 U.S.C. 1056(d)(3): ERISA domestic relations orders