Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. You should go to the Supreme Court in the county where you or your spouse now live. A Qualified Domestic Relation Order or QDRO is used to divide non-governmental ERISA pensions. 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. For a complete list of Maricopa County Superior Court visit their website. Jeff Bezos is splitting up with his wife—which means they have an estimated $137 billion in assets to divvy up. 723. If you have questions about dividing a business in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. 18, respectively. Judges will presume that any property acquired during the marriage is due to the spouses' joint efforts, unless one. The percentage the other spouse is entitled. Unlike with a cash benefit, you don’t immediately enjoy full and unhindered rights over the property. 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. You can get a portion of your spouse s stock options during a divorce proceeding. For equitable distribution, the usual date is the date of the divorce filing in terms of which assets to include in the marital pot for equitable distribution purposes. Get help navigating a divorce from beginning to end with advice on how to file, a guide to the forms you might need, and more. The court will look at the value of the stocks, as well as any other assets, and decide how to divide them between the. The spouses’ written separation agreement sets forth every agreed term. The Court of Appeals, citing the case of Koelsch vs. That means that, after the divorce decree was entered, each spouse was the owner of 50% of. 8 out of 5 stars. In the state of Arizona, all assets acquired during the marriage, by either spouse, are presumed to be community property. Another thing that a spouse should keep in mind is that there are many types of marital property. . In Stevens v. ”. Whether your business is subject to property division depends on what kind of property it is. We offer a comfortable, positive atmosphere that can help you avoid the stress and frustration of divorce litigation. As of the date of trial, the wife owned 20,069 stock options awarded between April 14, 1987 and November 15, 1991. Sep 01, 2023 · 6 min read. The disclaimer deed in that divorce was signed on a home purchased during an Arizona marriage. If the couple divorces or obtains a legal separation, the court will decide how the marital property will be divided. Under. Located in Marietta, we offer experienced and compassionate legal guidance for families throughout Metro Atlanta and across Cobb, Cherokee, Paulding, Bartow, DeKalb, Douglas, Fulton, Gwinnett, and Clayton counties. Ask us about your concerns and consult with us regarding divorce representation. transferring property to or from a revocable living trust, and. Valuing a home is both a science and an art. 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. Learn whether an extramarital affair can affect spousal maintenance—or any other issue in an Arizona divorce. R. 1095 W. Sec. ARIZONA COMMUNITY PROPERTY LAWS. Each case is different, the calculations are complex and care must be taken when considering any model or formula. 7,300 of the stock options were granted after the complaint for divorce was filed. Contact our experienced Mesa Divorce Lawyer and family law attorneys for a free consultation. Published By: My AZ Lawyers. Our network attorneys have an average customer rating of 4. Call our team at 303-695-0200 to learn more about your assets and Colorado’s equitable division laws today. There are important tax ramifications for transferring these benefits that affect how an employer. The second option is to divide debt according to state law. The Arizona Supreme Court noted two methods of determining that interest. 122, 494A. 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 the date of separation/divorce-are worth $500). Unlike with a cash benefit, you don’t immediately enjoy full and unhindered rights over the. T. 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. Mrs. Landman, 212 P. In fact, there are significant differences between traditional divorces and high-asset divorces. In the case of an Incentive Stock Option, the taxpayer does not recognize income upon the granting or exercise of the option. Our Arizona community. Bio and Articles. The other role requires the CPA to apply his or her tax expertise to separating marital assets and payments. In Arizona, financial investments are divided by the same process as any other type of asset in a divorce. The new law went into effect on January 1, 2019. separate property and how marital property is divided). Stock Options and Divorce in Arizona. Florida Divorce Laws. pensions, profit-sharing plans, stock options, and other retirement and employment benefits; household items like clothing, furniture, jewelry, and art. Czarnecki retired from the military that same year and received retirement benefits. $204,004. Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. I. California is a “community property” state, which means that state law grants both spouses equal ownership over all marital assets in a divorce unless the couple signed a contract agreeing to different. That would make the Drahos calculation as follows: 70,000 + [ (70,000/100,000) x 200,000] = 210,000. Evans married in 1949. 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. Divorce: equitable distribution doctrine, 41 A. A valid prenuptial or premarital agreement can override. With a traditional 401 (k) account, a judge would order these funds, which were accrued during marriage, to be split through what’s called a Qualified Domestic Relations Order. , Suite 206 Tempe, Arizona 85281. stock options (vested and unvested). 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. Mesa, AZ 85202. A. the length of the couple's marriage. 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. The Court discussed A. Feinstein, a Chicago sole practitioner with over 30 years of experience, shares new mandates for divorce and life insurance policies. , 4,000 and 1,800), both granted on November 7, 1990. This effectively means that any debt that is a divorce-related debt will be non-dischargeable if you file a Chapter 7 Bankruptcy. Stocks that have vested but have not been exercised. Arizona Divorce: Dividing Business Profits. Click To Call Us (480) 219-2433. It then considered A. Divorce Rules and Property Division in Arizona. In the case of In Re Marriage of Inboden, 225 P. Vested vs. AWARD OF MARITAL PROPERTY. Often, equitable division doesn't result in a 50/50 split. 171 and 3105. TITLE 1. 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. Most stock option vesting periods span about three to five. Generally speaking, Arizona will treat stock options in much the same way that they do pension plans. There are dozens of issues that need to be settled in a divorce, but dividing up finances is understandably a priority. 4th 416. S. 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. Specifically, the Arizona Supreme Court in the Johnson v. read more. Filing an Individual Chapter 7 After Divorce. 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. Intrinsic Value. Part 1: The first step in your case should be to speak with a lawyer to get legal advice. 1095 W. 8880. Under ARS 25-213, however, a spouse with separate property will retain it after the divorce is final, as such property is not considered part of the marital estate. Once you have ensured that the QDRO meets the requirements of the 401 (k) plan. Another may be the addition of a spouse’s name to a property that was purchased prior to the marriage. An Equal Distribution of Community Assets is Required in Most Cases. Here are the steps for filing a. Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. Stock options earned during the marriage are divisible in divorce. Unlike some community property states, Arizona does. You could opt for in-kind division after vesting before exercising the options, if allowed by the. Order a free credit report. Community property is required to be divided during the divorce process. 2d 795 (Minn. 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. a. Creditor relied on Arizona Revised Statutes §25-215. In the Maryland case of Barbara Green v. Arizona Divorce Rules and Property Division. 7. In the case of Howell v. C. A judge will divide a divorcing couple’s property and debts, unless the couple is able to reach a settlement agreement. Dividing Sole and Separate Property and Community Property. 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. 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. She failed to disclose the $1. Our Arizona divorce and family law. 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. The trial court limited her obligation to the extent of the community property she received in the divorce. Mesa Location: 1731 West Baseline Rd. Becchelli, 109 Ariz. Any stock options or restricted stock received after the date of separation is considered the separate property of the spouse that. Community property covers buildings, land, money in all its varied forms (cash, investments, bank accounts, and so on) stock options, vehicles, jewelry,. The other party, the respondent, will be served the petition by a third party. Contact an experienced family law attorney today by calling the law offices of DeShon Laraye Pullen PLC at 602-252-1968. As a result, the value of the stocks will not become fixed until a spouse decides to exercise his or her options and cash out or until the RSUs vest. Attorneys with you, every step of the way. Learn this and more on LegalMatch by calling (415) 946 - 3744. Before assets are divided in a divorce, spouses must determine whether property is separate or marital. 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. It is a court order that divides pension payments between spouses. OPPORTUNITIES FOR CPAs. Questions &. 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. This piece aims to provide insight into the difficulties discovering stock options and the ways to value and divide them if discovered. It can also involve intangible assets like stock options, bonds, and legal rights. For instance, if the option is valued at $100,000,. The first is the “present cash value method”. 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. Generally, filing fees range from $200 to $250, with additional costs for court-related services. Questions & Answers A. Arizona law defines sole and separate property as property acquired prior to the date of marriage, after the date of service in a divorce, gifts to one spouse, one spouse’s inheritance, and pain and suffering damages. In some states, property acquired during the marriage is part of the “community" and is often split 50/50 in cases of divorce. GENERAL RULE OF PROPERTY DIVISION. A stock option is a legal right to purchase one share of stock for a specific price (the strike price), regardless of the price at which the stock is actually trading. The wife asked for the court to divide the retirement as community property. In Arizona, a high net worth is defined as financial assets of over $1 million. Arizona Divorce Rules and Property Division. 95, stock options must be further looked at to see the terms of their execution as well as when the grant would be. Marital property will be divided during the divorce process in accordance with the state’s division system. Separate property, on the other hand, may be protected from division and wholly awarded to the spouse who owns it. The Court of Appeals, citing the case of Koelsch vs. Learn about rules on property & asset division in Michigan divorces. Meister addressed the analysis a judge should apply when choosing the valuation date of a business in an Arizona divorce. R. e. 1. They believe this results in a low cost and limited-conflict route to getting a. In an Arizona divorce, the marital home falls within the scope of community property when spouses acquired the home during the marriage. Call For Consultation (480)305-8300. He is a Certified Divorce Financial Analyst™, Chartered Retirement Planning Counselor. An Arizona Superior Court must have jurisdiction to process a divorce case. 596, 606 P. The court awarded some of the guns to the husband as his sole and separate property but divided other firearms as community property. Military Retirement Pay may also be divided in an Arizona divorce. Other formulas may be used and the individual grants may also be considered on a case-by-case basis. This is going to mitigate some of those hard feelings your spouse may have about your decision to remove money from financial accounts. Sfeir, where a support-paying husband’s stock options, originally worth about USD$90,000, depreciated drastically after the valuation date. Rio Salado Pkwy. Calculating and dividing stock options in divorce and analyzing the same as income for purposes of spousal maintenance and child support can be a complicated undertaking. HOW STOCK OPTIONS ARE. Quitclaim deeds are commonly used in a variety of situations, including: transferring property to one spouse as part of a divorce. This is because stocks are considered to be property, and property is subject to division in a divorce. 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. After earning a law degree from the University of Arizona, he clerked for two years for a U. There are many ways two people going through a divorce or other fami ly law. § 25-324. Learn when you might get—or pay—alimony in an Arizona divorce, how long it may last, and how to calculate the amount under the state’s spousal maintenance guidelines. The easiest way to accomplish this is for each person to honestly disclose all property owned before and acquired during the marriage, regardless of whether or not the spouse knew about it. So, we wanted to provide answers to frequently asked questions about Arizona community property laws. The 30th Way property had community contributions of $25,176. Divorce court may take stocks as part of the marital assets to be divided among the spouses. . October 22, 2022 by Thomas. Response to Petition – $269. Property and assets acquired before a marriage are generally considered separate property in most cases. 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. 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. Usually, judges will assign each spouse a percentage of the total value of all the couple's marital property (sometimes called the marital or community estate), minus their debts. , Suite 206 Tempe, Arizona 85281. Hildebrand Law, PC explains how stock options are divided in an Arizona divorce. This is an essential step in dissolution proceedings. 9900, or email us at info@mavrideslaw. The two approaches are: Community property: In community property states, marital property is divided 50/50. That way, they can take advantage of all the time- and cost-saving benefits of uncontested divorce (discussed below). The Arizona Court of Appeals in a memorandum decision in the case of Jimenez vs. If you need help dividing your retirement benefits because you are divorcing your spouse, call DeShon Laraye Pullen. Divorce is never easy, but working with the right Arizona divorce attorney can make the process a little more manageable. An option is exercised when the employee purchases the stock under the terms of the. This can sometimes mean 55/45 or 60/40 or 40/60—every case is unique. One of the most complicated steps in any divorce proceeding is the division of assets. Rather than giving the. With market traded stock options, the common way to divide them is for the divorcing employee to keep the stock options while giving the spouse other assets with the equivalent value. Rio Salado Pkwy. Discover residency requirements, grounds for dissolution, and what to…. Foster, the husband filed an appeal of the trial court’s division of guns in an Arizona divorce. A. )How to file a divorce in Maine. Phoenix Property Division Attorney. By using a vesting period, the employer encourages top employees to stay with the company. App. The question becomes how are stock options are divided in a divorce in Arizona. One such option is for you to take 50% of the money in all joint bank accounts and leave the other 50% for your spouse. ) In Pennsylvania, the one-year desertion must be both willful and malicious, without any reasonable cause. Florida judges consider several factors when dividing property, including: each spouse's income and earning potential. A Conclusion of Value can be presented in either a Detailed or Summary Report. Before diving deeper into how stock options are divided in a divorce case, an individual should have a basic understanding of how any type of property is distributed in a California marriage dissolution case. In a community property state, marital property becomes community property, which is jointly owned by both spouses. While the Arizona requirements relating to community and separate property arise out of state statutes, the courts have expressly applied these standards to divorce cases involving spousal ownership of businesses. “ Fair and equitable” will, in most. All filing fees are payable to the Clerk of the Superior Court when you file your documents. It’s strongly recommended to submit the draft QDRO to the 401 (k) plan administer for their review and approval. 24/7 Call (602) 254-8880Where do I go to for a divorce? The Supreme Court of the State of New York is the only court that handles divorce cases, and a Supreme Court judge is the only person who can legally grant a divorce. It’ll stop the divorce in its tracks until the bankruptcy case is over. 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. The husband moved to amend the judgment and filed a request for a new trial and subsequently filed an appeal to the Arizona C ourt of Appeals. The courts will divide your assets under one of two basic schemes: community property or equitable distribution. March 21st, 2022. 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. The first thing to consider whether you should keep your house in a divorce in Arizona is whether you have children. By understanding marital assets and how they get divided in a divorce case, you can plan for the future of your small business. This is true, regardless of the spouses’ respective financial contributions. Green, 64 Md. Yes. 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. Our Arizona community property and family law attorneys have over 100 years of combined experience successfully representing clients in community. survivor election and military retirement in an arizona divorce; deferred military retirement in an arizona divorce; division of deferred retirement option plans in an arizona divorce; claims of waste in an arizona divorce; dividing accounts receivable in a divorce in arizona; the importance of title searches on the marital home during a divorce 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. Valuation of Stock Holdings and Debt in an Arizona Divorce as Explained by the Arizona Community Property Attorneys at Hildebrand Law, PC. 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. Before submitting a petition for divorce, one party must have resided in Arizona for a minimum of 90 days. Divorce and separation: treatment of stock options for purposes of dividing marital property, 46 A. They will advocate for a division of property that works in your favor. In contrast, Tennessee requires only that the year-long desertion or absence be willful or malicious, with no reasonable cause. 1983). An option is a specific type of employment benefit in which the employer company gives the employee. Bell-Kilbourn made a decision regarding the effect of a Disclaimer Deed in a divorce in Arizona. Both the Detailed and Summary reports have the. 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 courts determine the division of property on a case-by-case basis. 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. 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. 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. Melissa loves to write - she always has a book project in the works. The following is an overview of the community property laws of Arizona as they apply to financial. e. Sometimes employees. Employee Stock Option Definition: An Employee Stock Option is the right given by anScottsdale’s Top-Rated Divorce Attorney. Employers may get dragged into an employee’s divorce when stock options are involved. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. The keys to dividing stock options in a Texas divorce. For instance, if the option is valued at $100,000,. 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. A judge, therefore, must make a division of. , the first party 50% and the second party 50%). Want to get divorced in the Maine? Find out the residency requirements, procedures, and what to expect regarding property division, alimony, child…. 4th 481. the courts generally seek to divide debt equitably in a divorce case. The 1962 amendment to A. 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. § 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. If you are facing a contentious divorce, call Thomas Law Office at (602) 788-1395 to schedule a consultation to. Our Phoenix property division lawyers also represent people in cases requiring enforcement of decrees for. The disclaimer deed is a legal document that has legal consequences. Learn About the Valuation and Distribution Options For a Pension in an Arizona Divorce from the Experienced Attorneys at Hildebrand Law, PC. 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. A judge will divide a divorcing couple's property and debts, unless the couple is able to reach a settlement agreement. The instructions and forms are broken down into 4 different packets: Step 1 - Introduction and first court papers. If you are considering a divorce in Massachusetts, and are unsure of how your stock options or RSU's will be divided, call Mavrides Law at 617. In California, separate property includes all property that is acquired by either spouse: before the marriage. 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. Martin $46,688. R. The judge issued a property division order that did not address the lotto money. Nations Top 1%, Free Initial Consultations with a Lawyer. In such event, it is clear what party will receive the business. The Arizona Court of Appeals in a memorandum decision in the case of Lee vs. read more. M. 1095 W. If you and your spouse divorce, your 401 (k) could be divided up as part of the financial settlement. R. The Arizona Divorce Handbook, by attorney Scott David Stewart, has an entire chapter devoted to property division in non-military pension division. This article addresses how courts divide assets between a couple during their divorce case. There are two main ways to divide RSUs. Kingsberry divorced in 1963. Call the Family Law Team at (480) 467-4348 to. When it comes to stock options and deferred compensation in divorce, attorneys typically have many questions. Arizona, and Texas. In most states, couples can handle asset division by mutual agreement. 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. A judge dividing property in an Iowa divorce will consider all relevant factors, including the following: length of the marriage. Equalization Payments. A divorce decree was issued dissolving the parties’ marriage, dividing their marital assets, and awarding Wife spousal maintenance of $600 for 120 months. The spouse who receives the stock options will then have a taxable gain or loss if they choose to sell them. Of course, the couple can enter into an agreement before the marriage, explaining how to distribute the marital property upon divorce. Section 25-215, “Liability of community property and separate property for the community and separate debts,” states in pertinent part:. Johnson case presented an excellent analysis of how retirement accounts are divided in a divorce in Arizona. Separate property is owned by only one of the spouses, and thus is not subject to division during a divorce. 1095 W. See all personal services. Most debts incurred during a marriage will need to be divided during divorce proceedings. Under. , Suite 206 Tempe, Arizona 85281. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. Landers is president and founder of Bedrock Divorce Advisors and Bedrock Wealth Management. Accordingly, that property must be. Divorce court may take stocks as part of the marital assets to be divided among the spouses. 1997), the Arizona Court of Appeals had to determine the impact of a divorce settlement agreement between Mrs. Stock options typically vest over a specified period of time (usually 3-5 years) with a certain. 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. North Carolina's Equitable Distribution Law requires every marital asset to be valued before it is divided, and determining the value of stock "options" has caused headaches for many Divorce Attorneys and Judge's alike. Residency Requirements for Divorce in Arizona. 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 readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine. 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. While it’s yours in name, you can’t transfer or sell it until a certain amount of time has passed. Arizona is a community property state. Much like when arguing over the custody of a child, a spouse can now petition the court for sole or joint ownership/custody of the pet based on providing care to the pet. In our discretion, we decline to award Wife attorney’s fees under A. In this case, the employee spouse needs to act as a fiduciary for the ex-spouse well after the divorce is finalized. There are a few different options couples can consider when it comes to dividing the family. The Arizona Supreme Court in the Johnson v. It can be difficult. A good example is when there is a business. It awards half of that amount to the nonemployee spouse in the form of equivalent property. ARS § 25-317. Loans, credit cards, and utility payments are an essential part of the financial division in a divorce. 317, 319, 732 P. 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. Koelsch, noted that property earned by either spouse’s employment is community property in Arizona. In Arizona, a divorce is called a Dissolution of Marriage. Separate property is not subject to division in a divorce. The first thing you should know is that Arizona is a community property state. A spouse has. In this way, stock options are very different from retirement benefits, such as 40l (k) plans. Additionally, we can assist you with matters of domestic violence, orders of protection, child custody, spousal support. For example, if a spouse has.