Dividing property is one of the most contested parts of many divorces. Arkansas has a specific rule for it, and it is different from the “equitable distribution” rule used in many other states.
The Starting Point: An Equal Division
Under A.C.A. § 9-12-315, marital property is to be divided one-half to each spouse unless the court finds that an equal division would be inequitable. If the court divides property unequally, it must state its basis and reasons in the order.
What the Court Considers
When deciding whether an equal split would be inequitable, the statute directs the court to consider:
- The length of the marriage
- The age, health and station in life of each spouse
- Each spouse’s occupation
- The amount and sources of income
- Vocational skills and employability
- Each spouse’s estate, liabilities and needs, and opportunity to acquire assets and income in the future
- Each spouse’s contribution to acquiring, preserving or increasing the value of marital property, including services as a homemaker
- The federal income tax consequences of the division
Property That Is Not Marital
Property that is not marital property is generally returned to the spouse who owned it, unless the court finds that inequitable and states its reasons. Sorting out what is marital and what is separate is often the bigger question in a divorce.
You can read more on our divorce page, or call the office at 870.525.2191.
This post was rewritten in October 2026 to reflect current Arkansas law. It is general information, not legal advice for your situation.