Divorce laws vary significantly from state to state, and Arkansas has unique regulations that can significantly impact the divorce process. Whether you’re considering filing or responding to a divorce petition, understanding these laws is crucial for protecting your rights. This guide explores the key aspects of Arkansas divorce law and its real-world implications.
Key Arkansas Divorce Laws & Their Effects
1. Property Division: “Equitable Distribution” State
Arkansas divides marital property fairly but not always equally
Factors considered:
Each spouse’s financial contribution
Length of marriage
Future earning potential
Fault in marriage breakdown (in some cases)
Real Impact: Non-working spouses often receive a larger share to compensate for lower earning capacity.
2. Alimony (Spousal Support)
Not guaranteed – awarded based on need and ability to pay
Factors include:
Standard of living during marriage
Health/age of both parties
Time needed for recipient to become self-supporting
Trend: Judges increasingly award rehabilitative alimony (temporary support) rather than permanent payments.
3. Child Custody: “Best Interests” Standard
Arkansas prioritizes:
Stability for the child
Parents’ ability to cooperate
Preference of children over age 12 (considered but not determinative)
Notable Law: Arkansas has a rebuttable presumption that joint custody is in the child’s best interest unless evidence proves otherwise.
4. Child Support Calculations
Uses an income shares model (both parents’ incomes considered)
Includes provisions for:
Healthcare costs
Education expenses
Childcare costs
