Alimony and Spousal Support in Arkansas
How Arkansas decides spousal support (alimony), the factors courts weigh, and how marital property is divided.
Short answer: When a decree is entered, the court makes an order on alimony, if applicable, that is reasonable given the parties' circumstances and the nature of the case. Ark. Code Ann. § 9-12-312
| Alimony (spousal support) | When a decree is entered, the court makes an order on alimony, if applicable, that is reasonable given the parties' circumstances and the nature of the case. Unless the court orders or the parties agree otherwise, alimony automatically ends on the recipient's remarriage, full-time cohabitation in an intimate relationship, certain support-related events treated as remarriage, or the death of either party. For rehabilitative alimony, the court may require the recipient to provide a rehabilitation plan. Either party may ask the court to modify alimony on a significant and material change of circumstances. Read on a public code mirror (FindLaw, current as of March 28, 2024). The statute does not list factors or a duration formula. Source: Ark. Code Ann. § 9-12-312 |
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| Dividing property | Arkansas uses equitable distribution. Marital property is divided one-half to each spouse unless the court finds that unfair; if it divides unequally, it must state its reasons, considering factors such as the length of the marriage, age and health, income, employability, needs, and each spouse's contributions, including as a homemaker. Non-marital property is returned to the spouse who owned it unless the court finds another division equitable. Non-marital property includes property acquired before marriage or by gift or inheritance, property received in exchange for such property, its increase in value and income, property excluded by a valid agreement, and certain disability and personal-injury benefits. Read on a public code mirror (FindLaw, current as of March 28, 2024). Source: Ark. Code Ann. § 9-12-315 |
Where to get help in Arkansas
More Arkansas divorce & family law
- Getting a Marriage License in Arkansas
- Adopting a Child in Arkansas
- Guardianship of a Child or Adult in Arkansas
- Establishing Paternity in Arkansas
- Changing Your Name in Arkansas
- Child Custody Laws in Arkansas
- How Child Support Is Calculated in Arkansas
- Divorce Records in Arkansas
- How to File for Divorce in Arkansas
- Legal Separation and Annulment in Arkansas
- All Arkansas divorce & family law rules
FAQ
How is alimony decided in Arkansas?
When a decree is entered, the court makes an order on alimony, if applicable, that is reasonable given the parties' circumstances and the nature of the case. Unless the court orders or the parties agree otherwise, alimony automatically ends on the recipient's remarriage, full-time cohabitation in an intimate relationship, certain support-related events treated as remarriage, or the death of either party. For rehabilitative alimony, the court may require the recipient to provide a rehabilitation plan. Either party may ask the court to modify alimony on a significant and material change of circumstances.
Is Arkansas a community property state?
Arkansas uses equitable distribution. Marital property is divided one-half to each spouse unless the court finds that unfair; if it divides unequally, it must state its reasons, considering factors such as the length of the marriage, age and health, income, employability, needs, and each spouse's contributions, including as a homemaker. Non-marital property is returned to the spouse who owned it unless the court finds another division equitable. Non-marital property includes property acquired before marriage or by gift or inheritance, property received in exchange for such property, its increase in value and income, property excluded by a valid agreement, and certain disability and personal-injury benefits.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.