Cited by

n. 2 (1981) (unmatured pension right is one that does not confer an unconditional right to immediate payment of normal retirement benefits).

See, (“[I]t is well settled in Arizona and elsewhere that pension rights, whether vested or non-vested, are community property insofar as the rights were acquired during [the] marriage[.]”); (rejecting “the proposition that an employee has no more than a mere ‘expe

“[I]t is well settled in Arizona and elsewhere that pension rights, whether vested or non-vested, are community property insofar as the rights were acquired during marriage, and are subject to equitable division upon divorce.” (emphasis added) (footnotes omitted).

Thus, unvested stock options and RSUs “are community property insofar as the rights were acquired during marriage.” Brebaugh, 211 Ariz. at 98 ¶ 8 ().

Van Loan, 116 Ariz. at 273 (rejecting employee-spouse’s contention that the community had only “a mere expectancy” in his pension benefits because he had not yet acquired a “vested right” to the benefits at the time of dissolution); (reasoning that when employment benefits are earned, not when they vest, is determinative to assess whether the community acquired an interest).

¶ 10 (App. 2008) ( n.4 (1981)).

(upholding “general rule that where either spouse incurs an obligation during marriage for the benefit of the community, that debt is presumed to be a community obligation”).

n.11 (1981) (If “the tax consequences could be immediately and specifically determined .

¶16 The community interest in a spouse’s pension plan can be calculated under either the “present cash value method” or the “reserved jurisdiction method.”

The community share of a pension plan such as PSPRS “is determined by dividing the length of time worked during the marriage by the total length of time worked toward earning the pension.” ¶ 10 (App. 2008) (citation omitted); (recognizing that a non-employee spouse may be awarded her community interest in the employee spouse’s pension benefits under either the “present cash value method” or the “reserved jurisdiction method”).

(retirement benefits acquired during the marriage are community property subject to equitable division upon dissolution).

¶ 29 (App. 2019) ( (“[W]e [do not] see any reason why the [community obligation] presumption should be negated by the fact that the husband used his separate property to secure the community loans.”)

(“[W]e [do not] see any reason why the [community obligation] presumption should be negated by the fact that the husband used his separate property to secure the community loans.”); ¶ 29 (App. 2019).

This presumption applies to debt secured by separate property, (“[W]e [do not] see any reason why the [community obligation] presumption should be negated by the fact that the husband used his separate property to secure the community loans.”), unless there is a statutory exception, ¶ 6 (App. 1999) (guaranty exception app

2 We view the evidence “in the light most favorable to supporting the decision below.” ¶ 20 (App. 2012) ().

§ 25- 211(A)(1) (providing all property acquired by either spouse during the marriage is community property except property acquired by gift, devise, or descent); (“[I]t is well settled in Arizona and elsewhere that pension rights, whether vested or non-vested, are community property insofar as the rights were acquired during marriage, and are subject to equitable division upon divorce.”).

"[W]e view the evidence in the light most favorable to supporting the [superior court] decision.” , ( , ).

The family court then held 1 “[W]e view the evidence in the light most favorable to supporting the decision below.” ().