{"id":371688,"date":"2016-03-31T21:34:27","date_gmt":"2016-04-01T02:34:27","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arkansas-law\/arkansas-marital-property-laws.html"},"modified":"2024-06-11T09:47:28","modified_gmt":"2024-06-11T14:47:28","slug":"arkansas-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arkansas-law\/arkansas-marital-property-laws.html","title":{"rendered":"Arkansas Marital Property Laws"},"content":{"rendered":"\n
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Arkansas Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Arkansas uses equitable distribution for marital assets. All assets acquired during the marriage become marital property<\/a>. Arkansas laws divide marital property equally, but family law judges can consider other factors when dividing assets and debts.<\/p>\r\n

Community property<\/a> states split the value of the marital property 50\/50 between the spouses. Only nine states follow community property rules. All other states follow some form of equitable division, except Alaska, which uses both methods.<\/p>\r\n

Property division is important during divorce and after the death of one spouse. If the decedent does not leave a will, the surviving spouse receives one-half of the real estate and one-half of the decedent’s personal property.<\/p>\r\n

Arkansas is one of three states still recognizing the right to dower and curtesy (Ar. Code \u00a7 28-11-101<\/a>). "Dower and curtesy" ensures that a spouse receives a deceased spouse’s share of real property and a percentage of community property. "Dower and curtesy" once meant that a widow received financial support and her husband’s property, and a widower could not pass the wife’s estate to anyone but their children.<\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

In every state, dividing property during a divorce depends on when the parties acquired the property and how they used it during the marriage. In Arkansas, the division may also depend on who increased the property value.<\/p>\r\n

Marital Property<\/b><\/h3>\r\n

Marital property<\/a> is anything acquired during the marriage. Arkansas law considers the marital home to be marital property, whether acquired before or during the marriage, if the couple paid for it together, paid for improvements together, or combined their assets to benefit the marital estate.<\/p>\r\n

The same is true for all joint property and bank accounts and any items purchased for use in the home. Unless one spouse purchased items intending that only the purchaser use them, they are presumptively marital property.<\/p>\r\n

Separate Property<\/b><\/h3>\r\n

Separate property is any property acquired before marriage or during marriage with separate funds and titled in the purchaser’s name alone. Gifts, inheritances, and increases in value of separate property remain separate. Settlements from personal injury claims are separate property if the settlement is for future medical care or disability.<\/p>\r\n

Unlike some states, if one spouse has a business or income-producing property, any income or increase in value during the marriage doesn\u2019t become part of the marital property (Moore v. Moore, 2016 Ark. 105, 486 S.W.3d 766). If the increase is due to one spouse’s work (or neither), then the profit remains non-marital property.<\/p>\r\n

Arkansas Marital Property Division<\/b><\/h2>\r\n

Arkansas courts divide property as close to equally as possible. Equitable distribution<\/a> allows judges to divide property according to other factors if an equal division is unfair to either party. The court can consider numerous factors, including:<\/p>\r\n