Arizona Marital Settlement Agreement
An Arizona marital settlement agreement lets divorcing spouses divide their community property, set spousal maintenance, and address legal decision-making and child support, then have those terms incorporated into the decree of dissolution. Attorney review available.
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Introduction
In Arizona, a community property state where the court divides the community estate equitably while each spouse keeps their sole and separate property (A.R.S. 25-318), a marital settlement agreement is the written contract divorcing spouses use to settle how their property, debts, spousal maintenance, and (by reference) legal decision-making, parenting time, and child support will be handled, so the terms can be incorporated into the decree that ends the marriage. In Arizona the parties may enter a written separation agreement covering these matters (A.R.S. 25-317), and Arizona is a community property state. On dissolution the court divides the community property equitably, though not necessarily in kind and not necessarily 50/50, while each spouse keeps their sole and separate property (A.R.S. 25-318). Equitable means fair, so the split often approximates equal but the court can divide unequally to reach a fair result. Arizona now has statewide spousal maintenance guidelines adopted effective 2023: under A.R.S. 25-319 the court first decides eligibility, then applies the Supreme Court guidelines to set a presumptive amount and duration aimed at helping the receiving spouse become self-sufficient. Legal decision-making, parenting time, and child support follow the state child support guidelines (A.R.S. 25-320), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Once approved, the agreement is set forth or incorporated by reference in the decree and the parties are ordered to perform it (A.R.S. 25-317), and no decree may be entered until at least sixty days after service of process (A.R.S. 25-329). DocDraft builds your Arizona marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In Arizona, which adopted statewide spousal maintenance guidelines effective 2023 (A.R.S. 25-319), a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal maintenance, and by reference legal decision-making, parenting time, and child support, so those terms can be incorporated into the decree of dissolution that ends the marriage.
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Arizona is a community property state, but on dissolution the court divides the community property equitably, though not necessarily in kind and not necessarily in an equal 50/50 split (A.R.S. 25-318). Each spouse keeps their sole and separate property, and the division is made without regard to marital misconduct.
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Equitable division means fair, not automatically equal. The split often lands close to equal, but an Arizona court can divide the community estate unequally to reach a fair result, so your Arizona marital settlement agreement can set a division you both accept subject to the court finding it fair.
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Arizona adopted statewide spousal maintenance guidelines effective 2023. Under A.R.S. 25-319 the court first decides whether a spouse is eligible, then applies the Arizona Supreme Court guidelines to set the amount and duration; the guideline result is presumptive unless the court finds in writing that applying it would be inappropriate or unjust.
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Child support follows the Arizona statewide child support guidelines, and the guideline amount is presumptively the amount ordered unless a written finding shows it would be inappropriate or unjust (A.R.S. 25-320). Legal decision-making, parenting time, and child support stay court-approved and modifiable and cannot be bargained away.
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Except for the terms about children, an Arizona separation agreement is binding on the court unless the court finds it unfair (A.R.S. 25-317). Once accepted, the agreement is set forth or incorporated by reference in the decree of dissolution and the parties are ordered to perform it.
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An Arizona marital settlement agreement must be in writing and signed by both spouses (A.R.S. 25-317). No Arizona statute requires notarization of the agreement, but signing before a notary can help prove the signatures are genuine. No decree may be entered until at least sixty days after service of process (A.R.S. 25-329).
Key decisions before you file
Before you file a Marital Settlement Agreement in Arizona, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Arizona Requirements for Marital Settlement Agreement
Community Property, Equitable Division
Arizona is a community property state, but on dissolution the court divides the community, joint tenancy, and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct (A.R.S. 25-318). Each spouse keeps their sole and separate property.
Equitable Means Fair, Not Automatically Equal
Equitable division means fair, not an automatic 50/50 split. The result often lands close to equal, but an Arizona court can divide the community estate unequally to reach a fair outcome, so the parties can set a division they both accept subject to the court finding it fair.
Spousal Maintenance Guidelines Effective 2023
Arizona adopted statewide spousal maintenance guidelines effective 2023. Under A.R.S. 25-319 the court first decides eligibility, then applies the Arizona Supreme Court guidelines to set the amount and duration; the guideline result is presumptive unless the court finds in writing that applying it would be inappropriate or unjust.
Child Support Follows the Guidelines
Child support follows the Arizona statewide child support guidelines, and the guideline amount is presumptively the amount ordered unless a written finding shows it would be inappropriate or unjust (A.R.S. 25-320). Child support cannot be bargained away.
Child Terms Stay With the Court
Legal decision-making, parenting time, and child support terms are not binding on the court (A.R.S. 25-317). They remain subject to court approval and can be modified later in the best interests of the children, and are never fixed the way a property division can be.
Written and Signed
An Arizona marital settlement agreement must be in writing and signed by both spouses (A.R.S. 25-317). No Arizona statute requires notarization of the agreement, but signing before a notary can help prove the signatures are genuine.
Binding on the Court Unless Unfair
Except for the terms about children, the separation agreement is binding on the court unless the court finds it unfair (A.R.S. 25-317). This gives the parties strong control over property and maintenance terms while the court protects the children.
Incorporation and Sixty-Day Wait
Once accepted, the agreement is set forth or incorporated by reference in the decree of dissolution and the parties are ordered to perform it (A.R.S. 25-317). No decree may be entered until at least sixty days after service of process (A.R.S. 25-329).