Arkansas Divorce Guide

Dividing Marital Property

Arkansas is an equitable distribution Dividing marital assetsstate, meaning marital property will be divided 50/50 between the parties unless the court finds that percentage to be inequitable. The court will afford you the opportunity to fashion a divorce settlement with your spouse, which would divide your property and debt. It would include a Parenting Plan if you have kids from the marriage.

If you cannot reach a settlement with your spouse, one will be imposed upon you by the court. All marital property will be distributed one-half to each party unless the court finds such a division to be inequitable. In that event the court shall make some other division that the court deems equitable taking into consideration:

  • Age, health, and station in life of the parties
  • The length of the marriage
  • Occupation of the parties
  • Amount and sources of income
  • Vocational skills
  • Employability
  • Estate
  • Liabilities
  • Needs of each party and opportunity of each for further acquisition of capital assets and income
  • Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker; and
  • The federal income tax consequences of the court’s division of property

Save yourself the hassle by downloading divorce forms here

Non-marital property that generally doesn’t get divided includes:

  • Property acquired prior to marriage or by gift or inheritance
  • Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent
  • Property acquired by a spouse after legal separation
  • Property excluded by valid agreement of the parties
  • The increase in value of property acquired prior to marriage or by gift or inheritance
  • Benefits received or to be received from a workers’ compensation claim, personal injury claim, or social security claim when those benefits are for any degree of permanent disability or future medical expenses
  • Income from property owned prior to the marriage or from property acquired by gift or by inheritance
If there is a chance your Ex will try to manipulate you or the kids with the visitation schedule, put an on-line Parenting Plan in place. Nothing stops the game-playing like a schedule in black and white. Simply tell your Ex that in order for the schedule to be changed, it must be discussed and agreed to; otherwise it is not changing.

The court, in its effort to divide marital assets, will sometimes order assets sold at auction, and the proceeds divided between the parties.

Non-marital assets will be returned to who owned it prior to the marriage. When stocks, bonds, or other securities issued by a corporation, association, or government entity make up part of the marital property, the court will designate in its final order or judgment the specific property inĀ securities to which each party is entitled. The court is not required to address the division of property at the time a divorce decree is entered if either party is involved in a bankruptcy proceeding.

[Based on Arkansas Code 9-12-315]

Share this page with friends on social media

Site AdminArkansas Divorce Guide

Leave a Reply