Equitable Distribution

AZ §25-318 asset division · statutory factors · deviation modeling

💰 Marital Estate Summary

Date of Service · 06/23/2024

Scope: comprehensive Section A–N inventory (all disclosed accounts, vehicles, and household goods) — reconciled to the Estate module. This is a fuller list than the comparative expert DOS liquid schedule ($1,763,809) used on the Settlement page; the two totals differ by source, and both are correct.

Community Assets

Community Liabilities

⚖️ Net Estate & 50/50 Presumption

§25-318 baseline

Total Assets $1,925,921

Total Liabilities −$3,264

Net Marital Estate $1,922,657

50/50 Presumption $961,328 each

Luis (50%) $961,328

Coni (50%) $961,328

AZ §25-318 presumes a 50/50 equal split unless the court finds reason to deviate based on statutory factors. Any deviation must account for all contributions to the marital enterprise.

🤝 Who Holds What — Luis vs. Constanza

§25-318 equalizing payment

Assets and liabilities split by who currently holds them (DOS basis), showing the equalizing payment that brings both parties to a 50/50 net share.

📋 Statutory Factors — §25-318(B)

Deviation analysis

The court may deviate from a 50/50 split based on these factors. Adjust the sliders to model how each factor affects the recommended split.

Duration of Marriage

Short (1–5 yrs) Long (20+ yrs)

21-year marriage → favors current split

Contribution to Education/Career

Minimal contribution Significant contribution

Supported spouse's career interrupted for childcare

Separate Property Brought In

None/minimal Significant separate property

Paying spouse family inheritance (disputed character)

Custodial Responsibilities & Childcare

Equal parenting Equal parenting

50/50 legal decision-making & parenting time (April 2025 Temp Orders)

Age, Health & Earning Capacity

Both equal capacity One party disadvantaged

Supported Spouse age 51, limited earning capacity; Paying Spouse age 50, employed

Direct/Indirect Contribution to Property

Equal contributions Unequal contributions

Both contributed to marital asset accumulation

Professional Goodwill/Practice Valuation

No professional goodwill Significant goodwill

Luis employment is W-2 (no professional practice)

🎯 Recommended Division (With Deviations)

Based on §25-318(B) factors

Luis Receives $750,000

Coni Receives $862,322

Deviation from 50/50 +6.5% to Coni

Luis 46.5%

Coni 53.5%

Rationale: Primary factors supporting deviation toward Coni:

Long 21-year marriage (longer duration favors status quo)
Primary custodial parent (70% per Temp Orders)
Limited earning capacity (age 51, career gap due to childcare)
Indirect contribution to marital asset accumulation

📊 Scenario Comparison

Different deviation assumptions

Scenario	Luis Receives	Coni Receives	Deviation
50/50 Presumption (baseline)	$806,161	$806,161	0%
Recommended (moderate deviation)	$750,000	$862,322	+6.5% Coni
Aggressive deviation (Coni's position)	$700,000	$912,322	+13% Coni
Conservative (Luis's position)	$830,000	$782,322	−2.9% Coni

§ Governing Authority

AZ Equitable Distribution Law

§25-318 — Equitable distribution of property; factors for deviation from 50/50
§25-211 — Character fixed at service (community vs. separate property)
§25-213 — Tracing separate property through commingled accounts
Case law — Husband's career as marital asset; wife's homemaker contributions count as direct contribution to marital property