How the 401 (k) is to be. Buffy will recognize $10,000 of ordinary income (1000 shares x the $10 spread per share). Community property is subject to a roughly 50/50 split in a divorce. Receiving unvested stock from a company isn’t like getting a bonus paycheck. stock options (vested and unvested). Of course, the couple can enter into an agreement before the marriage, explaining how to distribute the marital property upon divorce. One of the thorniest issues in divorce is the division of property. . Call our team at 303-695-0200 to learn more about your assets and Colorado’s equitable division laws today. Additionally, we can assist you with matters of domestic violence, orders of protection, child custody, spousal support. In order to be eligible to divorce in Arizona, you or your spouse must have lived in the state for a minimum of 90 days prior to filing court forms to dissolve your. Whatever the property and wherever located, the family law judge determines who should get what and enters final orders, this is called the property settlement agreement. Becchelli, 109 Ariz. Part 1: The first step in your case should be to speak with a lawyer to get legal advice. He has belonged to the American Academy of Matrimonial Lawyers since 1991 and the Appellate Lawyers Association since 2010. R. Often, equitable division doesn't result in a 50/50 split. In some states, property acquired during the marriage is part of the “community" and is often split 50/50 in cases of divorce. Learn About the Valuation and Distribution Options For a Pension in an Arizona Divorce from the Experienced Attorneys at Hildebrand Law, PC. The husband admitted in a verified answer that the retirement account was community property. Stocks that have vested but have not been exercised. However, a mere expectation to receive money is not divided in a divorce. Chapter 13 does not have the same limitations as Chapter 7 as Section 523 (a) (15) does not apply to a Chapter 13 bankruptcy filing. Divorce Rules and Property Division in Arizona. The Court of Appeals, citing the case of Koelsch vs. If you have questions about debts not included in a divorce decree in. 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. To discuss your divorce or marital debt needs, contact our team. , 4,000 and 1,800), both granted on November 7, 1990. Decision. You are able to divide unvested stock units in a divorce pursuant to a case that’s called a Powell and Powell case, sort of a coverture fraction where you get 50% of stock that is vested and a smaller percentage of unvested stock. Most commonly, options are divided using coverture and valued using Black-Scholes. HOW STOCK OPTIONS ARE. Contact us toda y to see how we can help you. This can sometimes mean 55/45 or 60/40 or 40/60—every case is unique. Florida judges consider several factors when dividing property, including: each spouse's income and earning potential. Arizona Revised Statute Section 25-318(B) allows a judge to consider the taxes that will become due upon the sale of an asset, such as capital gains taxes on a home. 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. In the vast majority of cases, itDividing 401 (k)s and pensions can seem quite complex because you need to obtain a Qualified Domestic Relations Order (QDRO), which is a court order separate from a divorce decree. Evans married in 1949. Division of Military Retirement in Arizona. In our discretion, we decline to award Wife attorney’s fees under A. Although equitable division usually means equal, a judge who believes that a 50/50 split would be unfair can divide the property in a different proportion after considering all. Phoenix Property Division Attorney. What is a divorce? Divorce is a civil lawsuit to end a marriage. As a legal document, the property settlement agreement will be used as a contract. 1095 W. In the Meister case, the court concluded both spouses had an ownership interest in a business. Each state, however, has developed its own specific rules regarding property division at the time of divorce. TOTAL. For a complete list of Maricopa County Superior Court visit their website. Under this method, the court determines the community interest in the pension and its present cash value. CIT Bank is a solid option if you’re looking for a high-interest savings account with no monthly fees. The Law Office of Karen S. Though the couple was divorced, Lazar’s name remained without change as beneficiary on the IRA. As of the date of trial, the wife owned 20,069 stock options awarded between April 14, 1987 and November 15, 1991. The same is true for the Arizona divorce process. Mitchell v. Qualified plans such as 401 (k)s require a document called a “qualified domestic relations order” (QDRO) to be divided. Divorce) or a Petition for Legal Separation. However, an Arizona judge may only consider those capital gains taxes if a sale of the. A stock option provides the employee an option to purchase company stock at a stated price, referred to as the “strike price,” at a given point in time. Here are the steps for filing a. prenuptial agreements between the spouses. No. Click To Call Us (480) 219-2433. Navarrete & Schwartz, P. mployee stock option division in divorce is a confusing and complex area fraught with tax complications and imprecise valuation methods. Divorce proceedings in Virginia occur through several steps: separation, filing, property division, child custody and child support, and spousal support or alimony. 7. If the restricted stock carries with it only one of the characteristics of ownership (voting or dividends, but not both) Colorado law is unclear. The spouse who receives the stock options will then have a taxable gain or loss if they choose to sell them. In the case of In Re Marriage of Inboden, 225 P. The Long Answer. ”. If you have questions about dividing a business in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. The main difference between community property and equitable distribution is that in community property states, there is an absolute 50-50 split of all property obtained during the marriage. 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 years of service necessary to claim it. Stat. Email. The property is divided equally regardless of other factors of the separation. after the date of separation (see below). 7,300 of the stock options were granted after the complaint for divorce was filed. Retirement Assets. Since the judge in the Saxon case was not entering a divorce judgment when it ordered the sale, the Court found that this section was not applicable. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE;. In the decree of dissolution, the trial court divided the parties’ community property. That doesn’t mean that the husband gets $210,000- it means that the wife. Landers is president and founder of Bedrock Divorce Advisors and Bedrock Wealth Management. The trusted lawyers at Goldman Law are ready to help. An Arizona Superior Court must have jurisdiction to process a divorce case. 745. Let’s cover each of these concepts individually. Loans, credit cards, and utility payments are an essential part of the financial division in a divorce. The courts will divide your assets under one of two basic schemes: community property or equitable distribution. The Arizona Court of Appeals in the published case of Amadore v. Typically, an Arizona court will divide the equity value of the house equally between the spouses. Spouse's dissipation of marital assets prior to divorce as factor in divorce court's determination of property division, 41 A. App. 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. In many divorce cases, the couple’s credit scores get hit from a combination of things before and during a divorce. is a divorce law firm in Yuma, Arizona that can help you understand your rights when it comes to divorce involving complex financial situations. Separate Property Most commonly, options are divided using coverture and valued using Black-Scholes. Ct. Unlike some community property states, Arizona does. This article addresses how courts divide assets between a couple during their divorce case. After Decedent’s death in 2012, Kroncke requested the IRA proceeds from Schwab. The question becomes how are stock options are divided in a divorce in Arizona. settling an ambiguity about inherited property. In the Maryland case of Barbara Green v. S. See all personal services. Community property is also known as marital property. It sent the case back down to the divorce court to apportion the $79,000 between separate and community property. 5130. The most common filing fees are listed below: Petition for Dissolution (Divorce) – $338. Direct appeals from all family law rulings. Discover residency requirements, grounds for dissolution, and what to…. 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. For instance, if the option is valued at $100,000,. 596, 606 P. At the time of the post-decree action for division, Wife would be entitled to one half of the value of the previously undivided stock options since those stock options existed at the time of the final decree, even though without value, the options would have been community property since they were earned during marriage, and Arizona Court of Appeals Rules on Reopening a Case to Divide Assets Not Divided in a Divorce Decree In the case of Ringear v. Defining Marital Property and Separate Property. Bell-Kilbourn made a decision regarding the effect of a Disclaimer Deed in a divorce in Arizona. To start your dissolution or divorce, you must complete a “Petition for Dissolution of Marriage” and file it with the court. . 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. Mesa Location: 1731 West Baseline Rd. At Cohen Family Law, our practice is dedicated to helping families in Arizona find amicable solutions to these challenges. 2010), the Arizona Court of Appeals discussed whether a divorce court can divide the equity in a marital home on the basis of each spouse’s contribution of separate property to its purchase. The disclaimer deed in that divorce was signed on a home purchased during an Arizona marriage. 8,902. If you have questions about your own case, speak to a local family law attorney for advice. This will help you determine the best course of action for you. In Arizona, a divorce is called a Dissolution of Marriage. Property that is gained by a spouse through inheritance or gift will be that spouse’s sole and separate property, regardless if received before, during, or after a divorce or. If you were married when you started the business and the stock vests after separation, then it will be divided according to the time rule described. “During the marriage” is defined as the period from the date of marriage to the date of service, or the date a spouse is served with a Petition for Dissolution of Marriage (a. Our Arizona community property and family law attorneys have over 100 years of combined experience successfully representing clients in community. First, stock options are almost always non-transferable. 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. Call now. We offer a comfortable, positive atmosphere that can help you avoid the stress and frustration of divorce litigation. Our Arizona community property and family law attorneys have over 100 years of combined experience successfully representing clients in community property and family law cases. Van Loan 569 P. The two approaches are: Community property: In community property states, marital property is divided 50/50. 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. Martin to pay Mrs. A court may exclude from division options that are unvested at the time. ARS § 25-318. Call For Consultation (480)305-8300. 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. DISSOLUTION OF MARRIAGE. Rather than giving the. A Conclusion of Value can be presented in either a Detailed or Summary Report. Military Retirement Pay may also be divided in an Arizona divorce. 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. Intrinsic Value. Kingsberry and Mr. If you are going through a divorce or legal separation in Arizona it is important for you to familiarize yourself with the laws that apply to the division of community property and how separate property is defined and treated in Arizona. 3 million prize during the divorce. Call LegalZoom See our FAQs. The debt division can be set by percentages (i. By understanding marital assets and how they get divided in a divorce case, you can plan for the future of your small business. . Other formulas may be used and the individual grants may also be considered on a case-by-case basis. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS COMMUNITY PROPERTY DIVIDED IN ARIZONA;Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. Our advice is not contesting a wife’s entitlement to more than 50%, but trying to settle out of court by. 254. Mesa, AZ 85202. Learn About Military Retirement Pay, the USFSPA, and Divorce in Arizona from Our Arizona Divorce Attorneys at Hildebrand Law, PC. According to Forbes, many start-up companies offer their employees stock options and restricted stock. He is a Certified Divorce Financial Analyst™, Chartered Retirement Planning Counselor. 95, stock options must be further looked at to see the terms of their execution as well as when the grant would be. e. 1. read more. The first thing you should know is that Arizona is a community property state. , Suite 206 Tempe, Arizona 85281. During a divorce in Arizona, the equity is often relied upon as a bank account in the property settlement, and to start your new life. 3d 599 (Ariz. An experienced lender can help with analyzing the situation and determining what can be done to fix the credit and raise the scores. This can only be rebutted by clear and convincing evidence to the contrary. 50. In an Arizona divorce, the marital home falls within the scope of community property when spouses acquired the home during the marriage. They separated in 1990 and began discussing how to divide their property. Millions and millions of dollars of wealth is unnecessarily destroyed each year when a divorce leads to an annuity contract being divided as part of the divorce settlement. It’ll stop the divorce in its tracks until the bankruptcy case is over. Czarnecki retired from the military that same year and received retirement benefits. A marriage breakdown is emotionally draining, and it can be especially so when it comes to the financial picture. Green, 64 Md. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS COMMUNITY PROPERTY DIVIDED IN ARIZONA;If the stock options are vested, they are considered property and would then be divided as any other property item (i. R. Because stock options are an extremely complicated topic when it comes to division in divorce actions, this article is just an overview of the basics. In equitable distribution states, the court tries to divide debts fairly, but that doesn’t always mean equally. Czarnecki filed for a divorce from Mr. The parties were going through a divorce in Arizona. Rio Salado Pkwy. This may require selling the property and splitting the net proceeds. 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. CALCULATING A COMMUNITY LIEN ON AN APPRECIATING ASSET IN AN ARIZONA DIVORCE. Call For Consultation (480)305-8300. If the stock is held for more than a year and sold at $35 a share, the employee will pay capital gains on the $15 of increase between the FMV on the date of exercise and the FMV on the date of sale. How to File for a Divorce Without a Lawyer in Arizona (Arizona Divorce Laws) In Arizona, all divorce and family law cases fall under the Superior Court’s jurisdiction. It’s strongly recommended to submit the draft QDRO to the 401 (k) plan administer for their review and approval. Please consult the laws of your individual state before taking steps to divide marital assets. Dallas:214-273-2400 Frisco:972-963-5459 San Antonio:210-225-5567. In Arizona, a high net worth is defined as financial assets of over $1 million. Such property includes: Professional licenses; Stock options; Retirement plansPosted On May 25, 2022 In Divorce. The court awarded some of the guns to the husband as his sole and separate property but divided other firearms as community property. and it can also be one of the most contentious issues in a divorce. Going through a divorce requires the couple to make agreements on joint assets, like the marital home. Rinegar, 290 P. Rio Salado Pkwy. The appellate court presumed the decree to be fair and equitable. In the case of In Re Marriage of Inboden, 225 P. The Arizona Court of Appeals in the case of Vilaysane v. California is what is known as a community property state. The marital property will be divided in the divorce by the judge if you cannot settle. All filing fees are payable to the Clerk of the Superior Court when you file your documents. 02. Florida law requires an equitable, or fair, division of property between the spouses. To schedule a consultation with one of our skilled student loan settlement attorneys, call (855) 976-5777 or fill out our online contact form. 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. Property and assets acquired before a marriage are generally considered separate property in most cases. " " indicates required fields. Restricted stock units (RSUs) are. 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. 2017). 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. 2010), the Arizona Court of Appeals discussed whether a divorce court can divide the equity in a marital home solely on the basis of each spouse’s contribution of separate property to its purchase. If this is your situation, I invite you to call me. If you have been married for a lengthy period of time and have accumulated substantial assets, it can be even more complex. One role is that of a forensic accountant in locating all assets and liabilities for marital division. Call us at (602) 698-5520 to schedule an initial consultation. In community property states, each spouse is liable for 50% of debt incurred during marriage by either spouse. Our Arizona divorce and family law. Example: Susan and Steve have two significant assets: $100,000 equity in their home ($50,000 each) and the value of their business - $350,000 ($175,000 each). Call our Phoenix, Arizona office at (602) 732-3098. The parties ask the court to make the final decisions concerning property division, spousal support and matters regarding the children. I. THE MARRIAGE RELATIONSHIP. This is going to mitigate some of those hard feelings your spouse may have about your decision to remove money from financial accounts. Unlike with a cash benefit, you don’t immediately enjoy full and unhindered rights over the property. Ct. Most stock option vesting periods span about three to five. This will allow you to work together to secure your short. In other cases, however, the judge may decide to award one spouse a greater percentage of the marital. Whether your business is subject to property division depends on what kind of property it is. The second option is to divide debt according to state law. In contrast, Tennessee requires only that the year-long desertion or absence be willful or malicious, with no reasonable cause. 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. Each case is different, the calculations are complex and care must be taken when considering any model or formula. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS. There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Mr. One of the most complicated steps in any divorce proceeding is the division of assets. read more. L. OPPORTUNITIES FOR CPAs. 1095 W. Rio Salado Pkwy. It then considered A. One of the most important aspects of many divorce cases concerns what. Here are some key steps to follow, if stock options and/or restricted stock will be divided as part of your divorce settlement: Make sure you know the options/stock actually exists. each party's age, health, and station in life. The other role requires the CPA to apply his or her tax expertise to separating marital assets and payments. Q. The law also states that equitable usually means equal—but a judge who believes that a precisely equal division would be unfair can divide the property in a different proportion after considering the following factors: length of the marriage. When you meet with us, we will determine whether you have strong grounds for reopening your divorce case and guide you through the process. Call For Consultation (480)305-8300. . Whereas, if the accumulated paid time off is not reimbursable, it is the separate property of the spouse who earned it and it should not be divided in a divorce. 3d 599 (Ariz. 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. Call us today at (480)305-8300 or reach out to us through. The Arizona Court of Appeals in the In re the Matter of Flowers case held that although a sole and separate home was turned into community property during the marriage, a trial court may have the authority to award 100% of that home to the spouse who originally owned it as sole and separate property if it is equitable to do so. What Are My Options for Splitting a 401(k) in a Divorce? Splitting a 401(k) or any other type of retirement asset in an Arizona divorce requires careful consideration and adherence to specific procedures. Questions & Answers A. each spouse's age and physical and emotional health. By using a vesting period, the employer encourages top employees to stay with the company. App. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS COMMUNITY PROPERTY DIVIDED IN ARIZONA;Stock Option Challenges. Response to Petition – $269. § 46b-40 (c) (2022). by gift or inheritance, or. For more information about your legal options during a divorce, we encourage you to contact a skilled divorce and family law attorney. Stock plans rarely allow options to be transferred to a third party, so it is unlikely you can give your spouse one-half of the options. The court also ordered the parcel of land to be sold with each party receiving 50% of the sale of the land. Additionally, a complex calculation is necessary to determine how stock options should be divided upon divorce, should they be deemed marital property. In the case of In Re Marriage of Inboden, 225 P. With stock options, the employee has the right to buy stock in the employer at a pre-set price (called the “strike price”) usually following a waiting period (called the “vesting period”). The division of assets in any divorce is often a complicated process, but when stock options are added to the mix, the work becomes all the more difficult. The following is an overview of the community property laws of Arizona as they apply to financial. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS. In most divorces, the court will equally divide the community property between the spouses . In Van Loan v. It’s not necessarily a 50-50 split, though. Jimenez had to address the issue, among others, of whether an Arizona divorce court has the legal authority to join a third party in a divorce case for the purpose of allowing a spouse to bring a fraudulent conveyance claim in an Arizona. Divorce engagements can require CPAs to act in either or both of two roles. Rio Salado Pkwy. A Family Law Judge will be assigned to conduct proceedings and enter a divorce decree in AZ. Howell No CV 15-0030-PR (Filed December 2, 2015), the Arizona Supreme Court discussed what happens when part of a veteran’s retirement pay is awarded to the spouse in a divorce decree before the veteran waives a part of it for disability benefits. EXCLUDING CAPITAL GAINS. Options for what happens to the house in a divorce: Dividing assets — one person gets the home, the other gets other assets. As Arizona is one of nine community property states in the United States, anything earned (or debt incurred) during the marriage is community property and, thus, subject to “equitable” distribution in a divorce. Under. This article explains what you can expect from. ARS § 25-317. 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. 001. It won’t stop the divorce court from entering or enforcing support orders, though. Residential lease; Property deed transfer; See all personal services. It can also involve intangible assets like stock options, bonds, and legal rights. , Suite 206 Tempe, Arizona 85281. The fundamental rule is that all property acquired by either spouse during the marriage (with narrow exceptions) is considered “marital property. The IRS allows divorcing spouses to each keep the same cost basis and holding period for an investment they already own. 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. Proving Separate Property in an AZ Divorce | Hildebrand Law, PC. There are different approaches to dividing RSUs and stock options in divorce: An employee-spouse could buy out the other spouse’s share using other available funds. HOW STOCK OPTIONS ARE DIVIDED IN. In any case, if one party is willing to stay in the house, then they will need to purchase the other spouse out. Determining whether stock options may be transferred to a nonemployee spouse and, if so, how to divide them differs in each case. 103 (1997) provides that assets “earned during the marriage” are considered part of the marital estate. Family Law. Rather, the court will divide property between spouses in a way that it considers fair. So, we wanted to provide answers to frequently asked questions about Arizona community property laws. The question sometimes arises as to what a court may do when separate property is used to buy community property in Arizona. The court determines the value of unexercised stock options and decides upon an equitable division. 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. . 2d 59 (1973); Battiste v. Different sorts of property can be significantly harder to divide. While it’s yours in name, you can’t transfer or sell it until a certain amount of time has passed. 2d 21 (Ariz. Therefore, the community could not claim a lien. The laws regarding asset division vary by state, and a couple is subject to the laws of the state that has jurisdiction over their divorce. Under the deferred distribution model, at the time of your divorce, the court or the couple will come up with an appropriate formula by which you will be paid when your employee spouse exercises. What is Community Property in an Arizona Divorce Case. Over 15 million employees have stock options and restricted stock plans, and this number is expected to balloon in the coming years. Before submitting a petition for divorce, one party must have resided in Arizona for a minimum of 90 days. how stock options are divided in an arizona divorce; how are retirement accounts divided in an arizona divorce; filing a lis pendens in a divorce in arizona; fair compensation defense in an arizona divorce; enforce a property settlement agreement in arizona; do rules regarding property apply to debts in arizona; division of debt in an. One of the most important aspects of many divorce cases concerns what. Anderson, 256 P. Facts of and Case. A marriage breakdown is emotionally draining, and it can be especially so when it comes to the financial picture. App. You could opt for in-kind division after vesting before exercising the options, if allowed by the. Strange as it. The division of assets in any divorce is often a complicated process, but when stock options are added to the mix, the work becomes all the more difficult. 18, respectively. 592, 598–99 (App. In the dissolution of marriage in Arizona, all marital property and debt must be distributed between spouses. You should go to the Supreme Court in the county where you or your spouse now live. Going after your spouse’s stock options and RSUs during a divorce can be tricky, mainly because the value will change over time. However, this can change if a spouse acquired. changing the way owners hold title to the property. Czarnecki in 1973. That means that, after the divorce decree was entered, each spouse was the owner of 50% of. This can typically be done in person at the courthouse or by mail. 2010) the Arizona Court of Appeals discussed when a divorce court could divide community property equitably instead of equally. In this case, generally, whoever paid for the property or received it as a gift owns it. Mitchell, 152 Ariz. S. In the case of Foster vs. Vested vs. Generally, people believe an uncontested divorce means that the spouses agree on everything and do not need legal advice or a family law attorney. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. Stock options and restricted stock units (RSUs) are time-delayed financial assets, which makes it difficult to divide them in a divorce. Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. The Final Decree of Divorce will: list the community property each spouse will keep or, in some circumstances, order community property (such as a. The court awarded assets totaling $184,843 to wife and $215,211 to the husband.