Arizona Rules of Family Law Procedure

Rule 72.1. Retirement, Benefits, Stock Options, and Other Employment Related Compensation

(a) Appointment of a Professional with Special Expertise. If a court order requires retirement benefits, stock options or other employment related benefits to be divided, the court may appoint an attorney or other professional with the appropriate expertise to recommend a division or to implement the division that the court has ordered.

(b) Order of Appointment. The court’s order of appointment must identify the specific assets to be divided.

(c) Additional Discovery Authority. A court’s appointment order may authorize a professional appointed under this rule to:

(1) require the production of documents;

(2) require answers to interrogatories; and

(3) request subpoenas to obtain any needed records.

(d) Ordering Appearance. A professional appointed under this rule has the power to order the appearance of any party using that party’s most recent available address.

(e) Determination. A professional appointed under this rule must calculate the parties’ relative interests and address any other issues submitted to the professional by the appointment order. The professional may make its determinations even if a party does not appear or present a position on the merits of the parties’ claims or the terms of dividing retirement benefits, stock options, or other employment related benefits. The professional must consider the availability of records and the cooperation of the parties in assisting the professional in making the determination. In the event the professional finds the division requires the use of discretion, the professional must submit its recommendation to the court for approval.

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