Spousal support, also called alimony, is money one spouse pays the other after a divorce, or sometimes while the divorce is pending. It is one of the most fact-driven parts of an Arkansas divorce. I represent people who are asking for alimony and people who are being asked to pay it in Jonesboro and Northeast Arkansas.
There Is No Formula
Unlike child support, Arkansas has no chart or formula for alimony. Under A.C.A. § 9-12-312, the court can award alimony that is reasonable based on the circumstances of the parties and the nature of the case. Alimony is not automatic. Judges look at the facts of each marriage, including what each spouse needs and what each spouse is able to pay.
Types of Alimony
Alimony can take different forms depending on the case. For example, support may be ordered while the divorce is pending. After the divorce, alimony may be for a limited time to help a spouse get on his or her feet, or it may be open-ended. Spouses can also agree on alimony terms as part of a settlement. How an agreement is written matters, so it should be reviewed carefully.
When Alimony Ends
Under A.C.A. § 9-12-312, unless the court orders otherwise or the parties agree otherwise, alimony ends automatically on events such as:
- The remarriage of the person receiving alimony
- The death of either spouse
- The person receiving alimony living full time with another person in an intimate, cohabiting relationship
- Any other event stated in the alimony order
Changing Alimony
Either spouse may ask the court to change an alimony order based on a significant and material change of circumstances. A big change in income or health can raise the question. Whether a change is enough depends on the facts and on the terms of the original order or agreement.
Taxes
The tax rules for alimony changed. For divorce decrees and agreements signed after 2018, alimony is not deductible by the payer or taxable to the recipient for federal income tax purposes. Arkansas state income tax still treats alimony as deductible by the payer and taxable to the recipient. Because this affects real dollars, I recommend talking with a tax professional before you agree to any alimony terms.
What to Bring
- Pay stubs and tax returns for the last few years
- A monthly budget of your living expenses
- Information about your work history and education
- Any prenuptial agreement or existing order
Spousal Support Questions
Will I get alimony if I ask for it?
There is no guarantee either way. It depends on the facts, and the judge has discretion.
Does alimony end if my ex moves in with someone?
Under Arkansas law, full-time intimate cohabitation by the recipient ends alimony automatically unless the order or an agreement says otherwise.
Talk With Me About Spousal Support
Alimony is usually decided as part of a divorce, alongside property division and, if there are children, child support. I’ll explain how the law applies to you and what decisions you face.
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. Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., at 721 W. Matthews Ave in Jonesboro. 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 page is general information about Arkansas law, not legal advice for your situation.