Arkansas Divorce Property Division

What the Law Says

Arkansas courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50. In Arkansas, an equal division is the statutory starting point, adjustable under the factors below.

Arkansas is an equitable-distribution state with a statutory presumption of equal (50/50) division: Ark. Code Ann. §9-12-315(a)(1)(A) directs that all marital property “shall be distributed one-half to each party unless the court finds such a division to be inequitable.” A court ordering an unequal division must weigh the statute's nine enumerated factors and state its reasons in writing (§9-12-315(a)(1)(B)). Non-marital property is returned to the party who owns it.

Division Factors (Ark. Code Ann. §9-12-315)

What Arkansas courts weigh:

1. Length of the marriage (Ark. Code Ann. §9-12-315(a)(1)(A)(i))
2. Age, health, and station in life of the parties (§9-12-315(a)(1)(A)(ii))
3. Occupation of the parties (§9-12-315(a)(1)(A)(iii))
4. Amount and sources of income (§9-12-315(a)(1)(A)(iv))
5. Vocational skills (§9-12-315(a)(1)(A)(v))
6. Employability (§9-12-315(a)(1)(A)(vi))
7. Estate, liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income (§9-12-315(a)(1)(A)(vii))
8. Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker (§9-12-315(a)(1)(A)(viii))
9. Federal income tax consequences of the court's division of property (§9-12-315(a)(1)(A)(ix))

Common Questions