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Arizona is a community property state. That means any asset acquired during the marriage, including business interests, is presumed to belong equally to both spouses under ARS 25-211. If a couple started or acquired a business during the marriage, it’s typically treated as community property, regardless of which spouse’s name is on the paperwork.
That also includes business income and distributions. However, if a business was owned by one spouse before the marriage, or if it was gifted or inherited, it may be considered separate property. Even then, if the business increases in value during the marriage, particularly through the active efforts of one or both spouses, that increased value may be partially community property.
Key Point: The court looks at how the business was acquired, how it was managed, and how any profits were generated. Business records, ownership documents, and compensation structures will all play a role in this analysis.
The Law Office of Daniel Hutto
Arizona Family Laws Attorneys
(602) 833 0986
azcriminalandfamilylaw.com
Address: 2201 E Camelback Rd Suite 120 Phoenix, AZ 85016