Arkansas Divorce Property Division: The Complete 2026 Guide

Arkansas law creates a presumption of equal division for marital property. Under Ark. Code Ann. §9-12-315, the court divides marital property equally unless it finds that an equal division would be inequitable.

This presumption was affirmed in Hackett v. Hackett (Ark. 1982), which upheld the equal-division framework established by Act 714 of 1981.

"Marital property" means all property acquired during the marriage by either spouse, regardless of whose name is on the title.

One of Arkansas's most distinctive rules is that non-marital (premarital) property is returned to the original owner by default. This is the opposite of states like Iowa, where premarital property is included in the divisible estate.

Under §9-12-315, the court may deviate from returning premarital property only if it makes written findings citing the same 3 statutory factors used for deviating from the 50/50 split.

Property acquired before the marriage, inherited property, and gifts received by one spouse are all considered non-marital unless commingled with marital funds.

Courts may deviate from the 50/50 presumption or from returning premarital property by citing one or more of these 3 factors under §9-12-315:

(A) The estate, liabilities, needs of each party, and the opportunity for further acquisition of capital assets and income.

(B) The contribution of each party in the acquisition, preservation, or appreciation of marital property, including services as a homemaker.

(C) The federal income tax consequences of the court's division.

Written findings are mandatory for any deviation. Without written findings, an appellate court may reverse the division.

Arkansas has no statutory formula and no statutory factor list for alimony. Ark. Code Ann. §9-12-312 provides only that the court may award alimony "as are reasonable from the circumstances of the parties and the nature of the case."

The leading case is Burns v. Burns, 312 Ark. 61 (1993), which established case-law factors courts consider: need of the receiving spouse, ability to pay, standard of living during the marriage, length of the marriage, earning capacity and employment history, age and health, property division, child support obligations, and whether one spouse supported the other's career.

Post-2018 TCJA: alimony is not deductible by the payor and not taxable to the recipient for all decrees entered after December 31, 2018.

Arkansas has specific statutory termination triggers for alimony under §9-12-312:

(A) Remarriage of the recipient spouse.

(B) A relationship producing a child with a support order.

(C) A relationship producing a child that requires the recipient to support a non-descendant of the payor.

(D) Full-time cohabitation in an intimate relationship. This is one of the broadest cohabitation termination rules among US states.

Alimony may also be modified on a showing of "significant and material change of circumstances."

Arkansas child support follows Administrative Order No. 10, an income shares model revised effective July 1, 2020 (Per Curiam Order April 2, 2020).

Unlike many states that use net income, Arkansas applies the Family Support Chart to combined GROSS monthly income of both parents. The non-custodial parent pays their prorated share based on their percentage of combined gross income.

Key parameters: maximum combined gross income of $30,000/month; self-support reserve of $900/month; add-ons for health insurance, childcare, and extraordinary medical expenses exceeding $250/year.

For 4 and 5 children, amounts are approximated from the 3-children schedule (multiplied by approximately 1.12 and 1.22 respectively).

Arkansas requires 60 days of residency to file for divorce, with a 3-month residency requirement before the decree can be entered.

For no-fault divorce, Arkansas requires 18 months of continuous separation under §9-12-301(b)(5). This is one of the longer separation periods among US states.

Fault grounds are also available and include adultery, impotence, felony conviction, habitual drunkenness, and cruel treatment. Fault grounds do not require the 18-month separation period.

Arkansas has a progressive state income tax: 2% on income up to approximately $25,700, then 3.9% on income above that threshold (Act 1 of Second Extraordinary Session 2024).

The standard deduction is $2,410 for single filers and $4,820 for joint filers.

Tax consequences are one of the 3 statutory factors under §9-12-315(C) that courts must consider when dividing property. A tax-efficient division strategy can preserve thousands of dollars in the settlement.