Arkansas starts with an equal division of marital property. However, the law lets a court divide property unequally when an equal split would be unfair. In that case, specific property division factors guide the decision.
The Starting Rule
Under A.C.A. § 9-12-315, marital property is divided equally unless the court finds an equal division inequitable. If the court divides property unequally, it must state its reasons.
Property Division Factors
The statute lists factors the court may consider, including:
- The length of the marriage
- Each spouse’s age, health and station in life
- Each spouse’s occupation, income, vocational skills and employability
- Each spouse’s estate, liabilities and needs
- Each spouse’s opportunity to acquire assets and income in the future
- Each spouse’s contribution to acquiring, preserving or increasing marital property, including work as a homemaker
- Federal income tax consequences of the division
Separate Property
Generally, separate property, such as property owned before the marriage, gifts and inheritances, is not divided. Even so, mixing separate and marital money can blur the line.
Debts
Debts are divided too. However, a decree does not change your agreement with a lender, so joint debts can still affect both spouses.
Agreements
Many couples settle property issues by agreement. As a result, they keep more control over the outcome. A judge still reviews the agreement.
For more, read property division in Arkansas or see my divorce page.
Talk With a Jonesboro Lawyer
You can call the office at 870.525.2191. Our phones are answered 24 hours a day, and Sara Beth or I will call you back. You can also request a consultation online. Consultations are free and usually last about 30 minutes, and I’ll explain how fees work for your kind of case before you decide anything.
This post is general information about Arkansas law, not legal advice for your situation.