How is a Business Divided in an Arizona Divorce?
Dividing a Business in an Arizona Divorce
The Arizona Court of Appeals in the case of McCune v. McCune addressed, among other issues, whether a judge should grant a spouse a judgment for his or her community property interest in the other spouse’s business or, instead, should the court just divide the stocks between the parties.
Although there could be situations that justify a different result, most judges favor as clean a division of property as possible to eliminate any business, personal, or legal ties that can lead to future conflict.
As a result, most judges favor awarding all of the stock of a business to one spouse and compensating the other spouse for his or her interest in that business through the division of the parties’ remaining property or entry of judgment.
Chris Hildebrand wrote this article about dividing a business in a divorce in Arizona to ensure everyone has access to information about community property laws in Arizona. Chris is a family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through.