In Arizona, community property implies equal ownership, so in most cases, it is fair to divide jointly held property equally. Mrs. A judge in Arizona is required to fairly and equitably divide the parties’ property and debts in an Arizona divorce or legal separation. , Suite 104. In a recent Arizona case, Walsh v. Abstract: Goodwill is an indefinite-lived intangible asset. This can mean giving one spouse more property if the other has wasted or disposed of. The MUM is a qualitative analysis for classifying goodwill as either personal or enterprise. Each spouse can hire his and her forensic accountant for a business valuation. (480) 618-7008. v. Arizona rulings have recognized the community may gain a community property lien against the sole and separate property of a spouse if either spouse, through labor, effort, or payment of community money, increasing the value of a. Therefore, a practice with average annual revenues of $500,000 may sell for anywhere from $250,000 to $750,000. Approaching the Valuation of Business Goodwill in a Divorce Naturally, the spouse keeping the business will want goodwill valued as little as possible, to avoid having to. The Rosen case involved the valuation of the husband’s solo law practice in southern California who handled state-appointed criminal appeals. Consider Capital Gains Taxes on the Sale of a House in an Arizona Divorce. 1981), 103 Wis. 16, § 15 (2022). Problems can arise in determining the value of the business. Her expert performed what amounted to a calculation of value using the excess earnings method; he computed a $2. It is possible that the business may have value to the parties which exceed the value of the hard assets themselves. 4. C. In re Marriage of Talty. The case is A. App. 3) The recent housing market is an advantage to sellers–you may be able to get a higher price for your home now than you would after the divorce is final. calculating a community lien on an appreciating asset in an arizona divorce; valuing goodwill of a lawfirm in an arizona divorce; community property and annulment of marriage in arizona; sole and separate funds used to buy a house in arizona; division of military retirement and disability payments in an arizona divorceA Separation Agreement can be Unequal and Still be Fair. Van Loan 569 P. 5 or higher) Contact. calculating a community lien on an appreciating asset in an arizona divorce; valuing goodwill of a lawfirm in an arizona divorce; community property and annulment of marriage in arizona; sole and separate funds used to buy a house in arizona; division of military retirement and disability payments in an arizona divorce Divorce proceedings trigger the need for a business valuation when a business is involved. Estimate the average fee per case, net of direct expenses. There was a transaction that can determine a value—maybe. The experienced Arizona divorce attorneys at Hildebrand Law, PC have over 100 years of combined experience calculating the division of pension benefits in a divorce in Arizona. In the context of marital dissolution (divorce), the assessment of personal versus enterprise goodwill has historically been common, as such assessment was used. 2d 712 (1953), the Arizona Supreme Court considered the question of whether Arizona courts would enforce an agreement made by an unmarried, cohabiting couple to pool their earnings and share equally in all assets gained during their time together. It sits poised between two discrete and generally distinguishable branches of divorce doctrine: property distribution and support. Kroncke was the administrator of his father’s estate (the “Estate”) and requested the. Dividing business interests in a divorce settlement can be as complicated as it is contentious. The trial court limited her obligation to the extent of the community property she received in the divorce. Offers Video. 2017). App. Comparable firm transactions. In Transalta v. 2. 510 of the Code of Civil Procedure provides that a business owner “shall be compensated for loss of goodwill,” where certain enumerated factors are satisfied. This is a formal document that serves as legal proof of your new name and is required for. Your consultation with your divorce lawyer becomes essential. This has led many closely-held companies to be undervalued. Now, back to the question. Under Illinois law, “goodwill” is defined as “the value of a business or practice that exceeds the combined value of the physical assets. If you have questions about an international divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Mediation as an Alternative:The court reasoned that following a divorce the law practice will continue to benefit from the goodwill it developed and had during the marriage and the non-attorney spouse’s contribution to that goodwill should not be ignored. However, that isn’t always the case. The Arizona Court of Appeals in the case of. Business Valuation and Federal Taxes: Procedure, Law, and Perspective, App. The Internal Revenue Service defines goodwill as “the value of a trade or business based on expected continued customer patronage due to its name, reputation, or any other factor. Learn More About who Valuation of an Pro Practice in an Air Divorce From the Proficient Divorce Attorneys among Hildebrand Law, PC. The parties were married on February 15. Once the court approves your request, you’ll receive an order for name change. Powell (1982), 231 Kan. Law firm retains three experts. 4th 321 (experts valued goodwill of a law firm partner based on a personal and a partnership level). See Marriage of Greaux & Mermin (2014) 223 Cal. Award of Money: Discussion of A. The Arizona Court of Appeals found that the trial court erred when it. The amount of personal goodwill involved in the business’ valuation versus goodwill solely attributable to the business. Separate property in Arizona is classified as any property owned by a spouse before marriage or any property owned by a spouse after a divorce decree has been finalized. ”. Ct. A divorce decree was issued dissolving the parties’ marriage, dividing their marital assets, and awarding Wife spousal maintenance of $600 for 120 months. Contact The Wright Firm, L. The Arizona Court of Appeals Discusses How to Value Goodwill Walsh involved a divorce between Husband and Wife, who were both successful attorneys. In Stevens v. The trial court had assigned a value to the firm’s goodwill in finding that the husband’s partnership interest had “intangible value. Mitchell, 152 Ariz. 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. valuation of stock holdings and debt in an arizona divorce; loans before marriage in arizona; creditor lien on joint tenancy property in an arizona divorce; increase in value of a separate property business stock in an arizona divorce; statements regarding property are binding in an arizona divorce; debts not included in a divorce decree in arizona calculating a community lien on an appreciating asset in an arizona divorce; valuing goodwill of a lawfirm in an arizona divorce; community property and annulment of marriage in arizona; sole and separate funds used to buy a house in arizona; division of military retirement and disability payments in an arizona divorce Minority Discount Buisness Appraisal When Valuing a Company in an Arizona Divorce From Hildebrand Law, PC. A lawyer or a law firm may sell or purchase a law practice, or an area of law practice, including goodwill, if the following conditions are satisfied. (480) 649-2905 1744 S. in addition to goodwill, a law firm’s value must also. However, any money earned or assets acquired before marriage by a spouse is the separate property of that spouse. , the firm’s so-called “book of business”) Arguably valuation of an attorney’s goodwill is simply too speculative to be supportable. Marital debts are treated the same as marital property. A reputable law firm like ARTEMiS Law Firm, which boasts an A+ rating on the Better Business Bureau, can provide the expertise and guidance needed to safeguard your assets throughout the divorce process. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. ”. Market value. Mesa, AZ Divorce Lawyer with 18 years of experience. Dividing a family business involves a number of complications. The divorce attorney must understand the issues and documentation relevant to valuing the practice and secure discovery to prepare and bolster an expert's financial analysis. 9, 2020). This includes a business that one spouse may own. App. It reviewed each to determine whether the spouse. Reviews. The law, Mr. Amount of goodwill and M&A motives as its determinants. 0 = £2. Edina is a Tucson native, a University of Arizona Alumna, and has been in practice since 2002 and with The McCarthy Law Firm since 2009. A law firm’s “goodwill”—an intangible asset that encompasses its reputational value—plays a big role in the valuation of a law firm. S. Call us today at (480)305-8300 or complete our new client form to learn how much you or your spouse will receive from a pension in a divorce in Arizona. This may require selling the property and splitting the net proceeds. Step 3: Closing On Your New Home. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child. Our Arizona community. For example, there's no way for you to literally split your home in half. After the final divorce trial, the court awarded the house to the husband subject to the husband paying the wife 50% of the equity in the home, if any. 4th 171 (1990); Annot. Problems can arise when a spouse uses sole and separate funds to buy a house in Arizona. The exception to this general rule would occur if both spouses signed, for example, a. So, what happens to omitted assets in an Arizona divorce decree. personal goodwill. The court’s order constitutes an official name change for that spouse. Earnings of either spouse during a marriage are community property in Arizona. Czarnecki in 1973. Chandler, AZ Divorce Lawyer with 22 years of experience. S. Below, Matt Clark, Andrew Fargason, Jeremy Krasner, Jason Muraco, and Jasmeet Singh Marwah discuss trends across the goodwill valuation landscape, advice for businesses, the evolution of rules and regulations, and more. The Family Court employs the following organized methods of valuation of a business for property settlement purposes: 1. Goodwill, contd. Generally, goodwill, as defined by the California Business & Professions Code § 14100, is the expectation of continued public patronage of a business. Rio Salado Pkwy. 2d 175 (Wash. In addition to these assets, a practice may have goodwill. A goodwill valuation requires a detailed, thoughtful analysis. The Court of Appeals, citing the case of Koelsch vs. Attorneys, doctors, dentists, mental healthy. 2d 244 (1992) Law firm Yes CONNECTICUT Enterprise goodwill is marital; personal goodwill is not. Here are the. The terms “fair” and “equitable” has been defined to mean substantially equal. § 25-318(A) The Supreme Court first reviewed the Arizona statute that controls the disposition of property in a dissolution of marriage case, A. Carissa Kaye Seidl. It sent the case back down to the divorce court to apportion the $79,000 between separate and community property. The court concluded that retirement assets, including pensions, are treated in the same manner as all other community property in Arizona and are, therefore, divided between spouses in a divorce. 19, 2013) This divorce case represents another challenge to the use of the excess earnings methodology to value a spouse’s professional practice, including personal and business goodwill for equitable distribution purposes. Call us today at (480)305-8300 or reach out to us through. Publisher: Business Valuation Resources, LLC. Learn about apportionment and valuation issues; what the business owner and non-owning spouse should know. b. University of Oregon School of Law. He can give Susan his $50,000 equity in the home and provide her with a property settlement note for the. Goodwill is not a tangible asset, like a house or other physical item of property. App. The first step in the Arizona divorce timeline is the petition. So the first step in splitting a retirement account will typically be to calculate how much of its value is marital property. Walsh, the court of. Disposition. The court ordered the sale of the condominium. Hutki answered that question. , has the potential to change three decades of case law concerning the valuation of business goodwill and equitable distribution of business assets during divorce proceedings. Under the straight capitalization accounting method, the practitioner’s average net profits are determined, and this figure is capitalized at a definite rate –. S. Chandler, AZ – Office. Married couples seeking dissolution of marriage in the state of Arizona go through the divorce process in the Family Court. Let’s cover each of these concepts individually. at *1. VALUING GOODWILL OF A LAWFIRM IN AN ARIZONA DIVORCE;. There are numerous valuation factors that define the scope of a law firm valuation pursuant to a divorce, most of which will also apply to other businesses. Husband was a well-respected cardiologist who co-owned a private practice with another doctor. Call us today at 480-442-4142. E. The husband received his military retirement, but. 2d 343 (marital estate did not include goodwill or intangible value of husband's partnership interest in reputable law firm); Powell v. Evans and Mrs. However, the law says that if the property is taken and held as community property or in joint tenancy, the spouse investing separate funds loses all. Learn what factors into Goodwill Case Law; age, health, past earnings, reputation, knowledge and success. The Arizona Court of Appeals in the case of Schickner v. Therefore, the wife should be liable for half of the community debt omitted in the divorce decree. even though the lawyer practices as a partner in a firm, and by agreement holds no entitlement to the goodwill of the law firm. The law, Mr. (480) 618-7008 3100 W Ray Rd. In re Marriage of Huff, 834 P. This is because goodwill exists in the business. In many states, goodwill needs to be valued and. It noted that, under Arizona law, it is the superior court’s job in a divorce to divide all community property held by a couple. The husband moved to amend the judgment and filed a request for a new trial and subsequently filed an appeal to the Arizona C ourt of Appeals. The court also decided the equity from the condo will be used to pay off the loan the husband had obtained. Call today to schedule a time to talk to an attorney (561-286-8275)calculating a community lien on an appreciating asset in an arizona divorce; valuing goodwill of a lawfirm in an arizona divorce; community property and annulment of marriage in arizona; sole and separate funds used to buy a house in arizona; division of military retirement and disability payments in an arizona divorceA recent circuit court decision in Palm Beach County, Fla. Divorce Lawyers Serving Gilbert, AZ and Statewide. Divorce and refinancing a mortgage in Arizona during a divorce is a common issue. That means that, after the divorce decree was entered, each. Business appraisers in divorce cases know that goodwill is an essential concept they must master. The Arizona Court of Appeals affirmed the ruling of the lower court. In a divorce, the court divides the money and assets between the spouses equitably. as divorce is, the law has an obliga-tion to make the goodwill calculation more routine and predictable — as it has done by designing the guidelines for child support and which by. Since the community expired when the wife died, it was not possible to hold the husband liable. This would tend to suggest that Arizona is a 50/50 state in a divorce. Arizona's Divorce Laws. Anderson, 256 P. The first is the “present cash value method”. Goodwill is one of the most confusing aspects of valuing a business interest for divorce cases. Bobrow, 241 Ariz. The husband directed the litigation department of a large national law firm in Phoenix. As your family and best divorce lawyer in Gilbert AZ, we focus on ending your marriage as efficiently as possible while protecting what you value most. If the value of goodwill is judged to be impaired, it must. 0 2 peer. The appellate court presumed the decree to be fair and equitable. and accounts receivable seldom add up to the true value of the practice — the value brought by community goodwill developed from the intellectual and physical endeavors of the business owner. Rogers College of Law, University of Arizona. Cyber was conceived during the marriage, used Bruce’s clients from his self-employment during the marriage, and evidence indicated it was owned in Sister-in-Law’s name as a method to avoid counting it as community property. 2022 AAML/BVR Divorce Conference; e-Learning. Located On Dobson Road, just North of W. View Website View Lawyer Profile Email Lawyer. If goodwill exists, the goodwill must be assigned a value and factored into community property division. Becchelli, 109 Ariz. It is a valuable asset and vital for the stakeholders. g financial records, profit and loss statements, balance sheets, contracts, invoices, trademarks). It found that any damages were a community debt. Val Vista Dr. Murin took title to the whole property in the divorce. They will both be included as the family court attempts a fair and equitable. Toth, an equal division is not always equitable. Factors like growth potential, brand identity, size of practice, fee structures, and geographic location, just. The court also ordered the parcel of land to be sold with each party receiving 50% of the sale of the land. Phone: (480)305-8300 . Let’s talk about CRSC pay and divorce in Arizona. The Arizona Court of Appeals in the case of Bell-Kilbourn vs. Listen as our distinguished panel guides family law practitioners on valuing and dividing a professional practice or license in a divorce. In most states the assets owned by an individual going through a divorce must be valued. The wife later objected to the agreement; stating that the division and assets were not fair and equitable. Obtain Consent of Both Spouses to Buying a House During a Divorce in Arizona. One of the cases the Arizona Supreme Court cited to in Mitchell holds the answer. Enlist the help of a. Evans and Mrs. Next, the Court considered whether a pending divorce between the co-owners enlarges the right of one co-owner to force a sale. 4th 1242, 1251; see also Marriage of Watts (1985) 171 Cal. , the high court noted the parties conceded that “goodwill should be disregarded. The status of celebrity brings a twist on the issue of valuing goodwill in a divorce. ”When a divorcing couple is assessing a business during the division of property, goodwill should be part of the valuation. Thank you to the authors at Derr&Villarreal LLC for providing insight into divorce litigation and personal injury law. Code §§ 3. The division of marital assets is handled during this. Lawyers: Sandra Lynn Slaton Kristin Mae Roebuck. In many states, goodwill needs to be valued and then divided into two pieces: business and personal goodwill. In its published opinion in Walsh v. The husband appealed other nonvaluation issues related to the divorce, which the trial court affirmed. Call us today at (480)305-8300 or reach out. It awards half of that amount to the nonemployee spouse in the form of equivalent property. Czarnecki filed for a divorce from Mr. M. Divorce and Family. in divorce situations The sum total of professional practice intangibles typically is reported, for convenience, as goodwill, and often treated as a marital asset 2012 Family Law Institute 3 I. 5. 3d 1082 (1999), the appellate court considered a promissory note signed. Unlike other assets with a known useful life, goodwill is not amortized or depreciated but is instead assessed for goodwill impairment regularly. Disposition. Phase II – Valuation/Analysis. At a base level, goodwill can be considered the value of having an established business, so that a buyer would not have to assemble the business and seek customers from the ground up. calculating a community lien on an appreciating asset in an arizona divorce; valuing goodwill of a lawfirm in an arizona divorce; community property and annulment of marriage in arizona; sole and separate funds used to buy a house in arizona; division of military retirement and disability payments in an arizona divorceThe Scottsdale, Arizona Community Property Lawyers at Hildebrand Law, PC Discuss a Murderer-Spouse & Community Property Share in Arizona. 00, based upon Husband’s skill, knowledge, and experience, as. 5m goodwill. The Long Answer. 1984), is from the. However, if the court finds that the business has enterprise goodwill, that amount will be subject to equitable distribution. calculating a community lien on an appreciating asset in an arizona divorce; valuing goodwill of a lawfirm in an arizona divorce; community property and annulment of marriage in arizona; sole and separate funds used to buy a house in arizona; division of military retirement and disability payments in an arizona divorce 321 (experts valued goodwill of a law firm partner based on a personal and a partnership level). 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. 121 Cal. The Multi-Attribute Utility Model is a court-accepted process that documents and weights specific attributes that allocate goodwill as either personal or enterprise. 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. Goodwill is often lumped with other intangibles in valuation because it can be difficult to separate the value of each intangible. The Foster court correctly notes that a sale of goodwill during a divorce might command less than its “true value” because of the pressures involved in a divorce. 1987). Soon after the marriage, he bought the other half for $45,000. Suite 20. Let’s talk about CRSC pay and divorce in Arizona. Show Preview. Christine Carter-Kent and Richard Kent were married for 15 years when Richard filed for a divorce. If you have questions about sharing a personal injury settlement in an Arizona divorce. The husband was a principal at KPMG, and the wife insisted his partnership interest included considerable commercial goodwill that belonged to the community. by Peter M. Koepnick, 3 P. The Court reviewed case decisions about whether one spouse’s personal injury award is the separate property or community property in Arizona. Experienced family law attorney will fight for you. The wife’s expert valued the husband’s “goodwill” interest to be $1,269,000. 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. Married couples seeking dissolution of marriage in the state of Arizona go through the divorce process in the Family Court. Walsh, 230 Ariz. 2d 59 (1973); Battiste v. During their divorce trial, the parties disagreed over the community’s interest in the husband’s professional goodwill. However, it is still within the judge’s discretion. Yes. Experts in the field of business valuation agree that goodwill exists, but few agree on exactly what it is. It comes into play in various business valuation assignments. 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. Call us today at (480)305-8300 or reach out to us through. Both spouses were doctors. 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. The following landmark Colorado appellate court cases give guidance in valuing goodwill in a closely held business and, in turn, guidance on the appropriate standard of value for the trial court to apply in dissolution proceedings:. L. App. In many cases, one of the most contentious and difficult issues in a divorce. His expert testified that, while the husband had professional goodwill, the only realizable benefit from his employment as of the date of divorce was the $140,000 redemption value. Valuing goodwill can be vital in growing your business or preparing for a transition. Just so, during a marriage, loss of a spouse’s earning capacity means lost income to the community. Valuation Methodology in General “Goodwill value may be measured by ‘any legitimate method of evaluation that measures Award of Money: Discussion of A. calculating a community lien on an appreciating asset in an arizona divorce; valuing goodwill of a lawfirm in an arizona divorce; community property and annulment of marriage in arizona; sole and separate funds used to buy a house in arizona; division of military retirement and disability payments in an arizona divorcecalculating a community lien on an appreciating asset in an arizona divorce; valuing goodwill of a lawfirm in an arizona divorce; community property and annulment of marriage in arizona; sole and separate funds used to buy a house in arizona; division of military retirement and disability payments in an arizona divorcecalculating a community lien on an appreciating asset in an arizona divorce; valuing goodwill of a lawfirm in an arizona divorce; community property and annulment of marriage in arizona; sole and separate funds used to buy a house in arizona; division of military retirement and disability payments in an arizona divorceBeneficiary Designations After Divorce in Arizona From Hildebrand Law, PC. If you have questions about the division of deferred retirement option plans in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. An increasing number of states operate under the principle that while enterprise goodwill is part of the marital estate, personal goodwill is not a marital asset subject to distribution. If you require assistance with the valuation of your business in a matrimonial matter, please contact Advent for trusted guidance. A Family Law Judge will be assigned to conduct proceedings and enter a divorce decree in AZ. Depending on the prevailing state statute, the distinction between these two types of goodwill may play an important role in determining whichCreditor relied on Arizona Revised Statutes §25-215. Divorce attorneys are often able to help their clients find a qualified appraiser. An Overview of Methods to Value a Law Firm. Is a Spouse’s Separate Property Liable for Community Debts. Value of goodwill must be determined on the basis of the price a willing buyer would pay in excess of tangible assets. This is established in seven steps: 4. The Rule on Omitted Assets in an Arizona Divorce Decree. A. Business Valuation in Divorce: A Case Compendium, co-published by the American Bar Association's Solo, Small Firm and General Practice Division (GPSolo) and Business Valuation Resources (BVR), is the inaugural volume in a series of compendia that will help you learn how to tell the. He was an attorney and a 50% shareholder in the law firm of Kent & Wittekind,. The husband moved to amend the judgment and filed a request for a new trial and subsequently filed an appeal to the Arizona C ourt of Appeals. n/a. 26 U. Campbell Ave. The Divorce Petition outlines what the spouse is requesting regarding the division of assets and debts, the child custody terms. Straight capitalization. If only one spouse signs a personal guarantee, that creditor cannot come after the community property that was acquired during marriage. View Website View Lawyer Profile Email Lawyer. The Arizona Court of Appeals in the published decision of Meister vs. calculating a community lien on an appreciating asset in an arizona divorce; valuing goodwill of a lawfirm in an arizona divorce; community property and annulment of marriage in arizona; sole and separate funds used to buy a house in arizona; division of military retirement and disability payments in an arizona divorceSon argued that, under the language of Arizona law, his father and Mrs. It is beyond the scope of this article to discuss the benefits and risks, as they are highly customized and dependent on the case. Const. Todd 13 and a sole practitioner medical business in Golden v. Valuing Professional Practices and Licenses has been used nationwide as the essential practice guide in this area of matrimonial law. The trial attorneys at our law firm in Phoenix come from diverse backgrounds, but we share a common desire to help you move forward with your. Generally, a property that is acquired. Family Law. G. Call us today at (480)305-8300 or reach out to us through. When considering selling a law practice, the following logistics apply: How the five components of value apply to a senior attorney’s practice; Whether to pursue a sale to a growing law firm, an internal successor, or maintain the status quo; 3. The most important thing to accomplish prior to or at the beginning of a divorce is to have both spouses contact an. ONE final can be complication. 2d 196 (1982), the Arizona Court of Appeals considered many theories for enforcing the husband’s promise. However, one spouse may gift the other his interest in community property, making it the separate property of the other. (See Becchelli v. The husband admitted in a verified answer that the retirement account was community property. When a marriage ends in Arizona, both the community assets and the community debts are divided between the spouses. Unfortunately, significant differences in methods and theories exist on this complex issue, as recent case law demonstrates. The judge has the authority to restore a spouse to her maiden name at the time he or she signs the final Divorce Decree. 229, 508 P. However, states. 9. Goodwill must be valued for a number of reasons, the most common being for purposes of marital divorce, income taxes, and mergers and acquisitions. To view a further explanation. Rowe addressed the issue of a community lien in a sole and separate business in a divorce in Arizona. The court will apportion the community property interest in retirement accounts between the spouses and will award each spouse his or her separate. 317, 319, 732 P. The case, In re Marriage of Hall, 692 P.