Arizona Divorce Checklist
Dividing retirement accounts and pensions is one of the most complex — and financially consequential — aspects of an Arizona Dissolution of Marriage. Because Arizona is a community property state, any contributions made to a 401(k), pension, IRA, 403(b), or Thrift Savings Plan (TSP) during the marriage are generally considered jointly owned, regardless of whose name is on the account. Mishandling these transfers can trigger devastating tax penalties, permanently reduce your retirement security, and lead to costly court disputes. This checklist walks you through every critical step — from gathering plan documents to finalizing a Qualified Domestic Relations Order (QDRO) — so you can protect your financial future with confidence and clarity.
Obtain the most recent statements for all retirement accounts*
Request your Summary Plan Description (SPD) from each employer plan*
Gather pension plan documents, including your benefit statement*
Obtain pre-marital account balance records (if applicable)
Collect documentation of any inheritances or gifts deposited into retirement accounts
Request Social Security earnings statements for both spouses*
Identify the 'community portion' vs. 'separate portion' of each account*
Determine whether your marriage qualifies as a Covenant Marriage*
Confirm the 90-day Arizona residency requirement is met*
Understand Arizona's 60-day waiting period before decree is finalized*
Research whether spousal maintenance (alimony) may impact your retirement planning
Determine which accounts require a QDRO vs. a transfer incident to divorce*
Hire a QDRO specialist or attorney to draft each QDRO*
Submit your draft QDRO to the plan administrator for pre-approval before finalizing*
Ensure the QDRO is signed by the Arizona Superior Court judge*
Confirm the QDRO specifies the exact dollar amount or percentage to be transferred*
Address survivorship and death benefits within the QDRO*
Hire a Certified Divorce Financial Analyst (CDFA) or actuary to value the pension*
Request a pension present value calculation from the plan administrator
Compare 'offset' vs. 'share' approaches to pension division*
Investigate early retirement and cost-of-living adjustment (COLA) provisions
Never cash out a retirement account to pay your spouse — always use a QDRO or court order*
Ensure the alternate payee rolls their share into their own IRA or eligible retirement plan*
Understand the special QDRO exception to the 10% early withdrawal penalty*
Consult a CPA or tax advisor before finalizing the retirement asset division*
Do not forget about unvested benefits and stock options
Include specific retirement asset division terms in the Consent Decree or Settlement Agreement*
Consider the full marital estate — not just retirement accounts — in your settlement*
Address retirement account debts (loans against 401(k)) in the settlement*
Document Social Security benefit strategy for long-term marriages
Review and update beneficiary designations on all retirement accounts immediately*
Confirm the plan administrator has received and accepted the final QDRO*
Open a rollover IRA in your name to receive your QDRO distribution*
Create a new post-divorce retirement savings plan with a financial advisor*
Update your estate planning documents — will, trust, powers of attorney*
Keep a certified copy of your Dissolution Decree and all QDROs in a secure location*
Clarity Divorce guides you through the paperwork with official Arizona court forms, step-by-step instructions, and county-specific filing details. $299 flat fee.