Valuation and Cutoff Dates for Retirement Accounts in Arizona: Separation, Filing or Decree
In an Arizona retirement division, the community period ends at service of a petition that results in a decree: property acquired afterwards is separate. The statutes name no valuation date, so settlements should.
What date does Arizona use to stop counting community property?
Service of the petition, if it leads to a decree. Property acquired after service of a petition for dissolution of marriage, legal separation or annulment is not community property if the petition results in a decree (A.R.S. 25-211(A)(2)). The Arizona pension division calculator therefore asks for the months of service from the marriage to service of the petition.
Does service change what already is Arizona community property?
No. Service does not alter the status of preexisting community property, change the status of community property used to acquire new property, or alter each spouse’s management duties except as the statute provides (25-211(B)).
Why does the service date matter for a pension?
Because service sets the end of the community period, retirement service earned afterwards counts toward the plan holder’s separate share. Keep the proof of service date with the plan statements.
When is Arizona retirement property valued?
The statutes we read do not say which date applies. The court may consider debts and obligations related to the property, including taxes that would become due on its receipt, sale or other disposition (25-318(B)). A settlement or the court order should name the valuation date and each account’s value on it.
What if one spouse spends or hides marital money?
The court may consider excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common (25-318(C)). That can include money moved out of a retirement account.
What if the decree does not mention the account?
Community property for which no provision is made in the decree is held by the parties as tenants in common, each with an undivided one-half interest (25-318(D)). Naming every account avoids that result.
Does a separation agreement set the dates?
It can. A written agreement may cover the disposition of property, and the court is bound by its property terms unless it finds them unfair (25-317). Put the cutoff, the valuation date and the share in the agreement.
How does the retirement cutoff fit with the rest of the Arizona estate?
A retirement benefit is one asset in the community, which the court divides together with the home, accounts and debts, and spousal maintenance is decided under its own guidelines; see the Arizona property division calculator and the Arizona alimony calculator. Awarding a larger pension share can justify awarding other property to the other spouse, and the reverse.
Does a legal separation change the Arizona cutoff?
The service rule covers a petition for legal separation or annulment as well as dissolution, if it results in a decree (25-211(A)(2)). If a legal separation decree is later followed by a dissolution petition, the property disposition in the legal separation decree or an approved settlement may not be revoked or modified unless the court finds conditions that justify reopening a judgment (25-325(B)).
What should the paperwork say?
- The marriage date and the date the petition was served.
- Each account and its value on a stated date.
- Whether gains and losses after that date are shared.
- The plan’s order requirements, such as a qualified domestic relations order.
- Each account named, so none is left undivided.
Frequently asked questions
What is the cutoff date for retirement in an Arizona divorce?
Service of the petition, if it results in a decree: later acquisitions are separate property.
Does service of the petition end all community property in Arizona?
No. Property already community stays community; only later acquisitions become separate.
When is an Arizona retirement account valued?
The statutes we read do not name a date; name it in the agreement or order.
What if an Arizona spouse hides retirement money?
The court may consider concealment or fraudulent disposition of community property.
What happens to an undivided Arizona account?
It is held as tenants in common, each with an undivided one-half interest.
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
- A.R.S. 25-317: separation agreement; effect
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Arizona statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arizona attorney.