Susan Schauf

About Susan Schauf

CURRICULUM VITAE

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Education

• Law School: U of Wisconsin

Common questions about Family Law in Arizona

Answered by Arizona Attorney Search Network

What happens to retirement accounts in an Arizona divorce?

Retirement contributions made during the marriage are community property under ARS § 25-318 and must be divided equitably. Division of qualified retirement plans (401(k), pensions) requires a Qualified Domestic Relations Order (QDRO), which is a separate court order specifying how the plan administrator should split the account without triggering taxes or early-withdrawal penalties.

What is spousal maintenance in Arizona?

Arizona uses the term 'spousal maintenance' rather than 'alimony.' Under ARS § 25-319, the court considers the standard of living during the marriage, length of the marriage, age and health of both parties, ability to earn, contributions to the other spouse's career, and other factors. Awards may be temporary, rehabilitative (set duration), or - rarely - of indefinite duration.

Is mediation required in Arizona family-law cases?

In most counties, yes - particularly for legal decision-making and parenting time disputes. Maricopa County uses Conciliation Services under ARS § 25-381.09, and other counties have similar court-connected mediation. Property and support issues are typically not court-mandated to mediation but are often voluntarily mediated, since judges encourage settlement.

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