The general rule in Arizona is that any asset acquired during the marriage is community property. With a retirement account or pension, the court is able to divide that community interest in the asset as equally as possible. There are some exceptions to this. If a spouse began contributing or earning part of their pension prior to the date of marriage, that portion belongs to them. A prenuptial or postnuptial agreement might also impact how the pension gets divided. There are some other exceptions.
The division of a pension is often done by a professional to insure that it is done correctly. That professional is often referred to as a QDRO professional and typically does not represent either you or your spouse. As this pension may likely be the most valuable asset that needs to be divided in the divorce, you are encouraged to consult with an attorney as you start the divorce process and to review any agreements so that you can be assured you get your portion of this account.
Answered on Jul 28th, 2015 at 10:07 AM