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Arkansas AR AI draft

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Distribution Type
Equitable Distribution
Starting Point
50 / 50
Income Adjustment
Equitable

Methodology

Equitable distribution with statutory presumption of equal division

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

The following factors are commonly evaluated under Arkansas law:

  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))

Statute / Authority

Citation: Ark. Code Ann. §9-12-315 ↗

Source: https://arcourts.gov/sites/default/files/Domestic%20Relations%20Benchbook%202022.pdf

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Citation
Ark. Code Ann. §9-12-315
Source URL
https://arcourts.gov/sites/default/files/Domestic%20Relations%20Benchbook%202022.pdf
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Reference Library

Arkansas Property Division

Arkansas follows equitable distribution with a real statutory 50/50 presumption: Ark. Code Ann. §9-12-315(a)(1)(A) distributes all marital property one-half to each party unless the court finds an equal division inequitable, in which case it must weigh the statute's nine factors — from the length of the marriage and the parties' circumstances through homemaker contributions and federal income-tax consequences — and state its reasons in writing. Non-marital property is returned to its owner.

Citation: Ark. Code Ann. §9-12-315

Source: https://arkleg.state.ar.us/ArkansasLaw/

Last updated: 2026-07-23T00:37:19.617916

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