Arkansas Property Distribution Laws

Property Division Issues, & Resources

Arkansas Property Distribution

In Arkansas divorce, all marital property (that which was acquired during the marriage) must be divided equally between the parties. The Court, however, may make a different distribution of property if it is determined that an equal division would be unfair. In determining the fairness of the equal distribution, the Court will consider the following factors: 
  • the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;

  • the length of the marriage;

  • the age and health of the spouses;

  • the occupation of the spouses;

  • the amount and sources of income of the spouses;

  • the vocational skills of the spouses;

  • the employability of the spouses;

  • the estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; and 

  • and the federal income tax consequences of the court's division of the property.  

Property acquired by a spouse before marriage or any gifts or inheritances are considered separate property and may not generally be divided between the parties in an Arkansas divorce. If the Court determines that an equal division of the marital property would be unfair, however, it may consider these separate property assets and, if it finds that it is necessary, may divide the separate property in order to achieve an equitable distribution.

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