Pensions and Retirement Funds

Community property also applies to pensions and retirement funds and profit sharing and stock plans. Generally each spouse has a right to one-half interest in the spouses plan, but ONLY for the number of years of the marriage. The longer your marriage, the greater your financial interest is in each other' plan. If you or your spouse have retirement plans, you will need to file a document with the court that is called a Qualified Domestic Relations Order, or a QDRO to divide the plan. This is a very specialized legal document that almost always requires professional assistance to prepare.

Source: Superior Court of Arizona, Maricopa County

Last reviewed October 2024