By Susan Buckner, J.D. | Legally reviewed by Susan Buckner, J.D. | Last reviewed June 11, 2024
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Arkansas uses equitable distribution for marital assets. All assets acquired during the marriage become marital property. Arkansas laws divide marital property equally, but family law judges can consider other factors when dividing assets and debts.
Community property 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.
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.
Arkansas is one of three states still recognizing the right to dower and curtesy (Ar. Code § 28-11-101). "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.
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.
Marital property 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.
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.
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.
Unlike some states, if one spouse has a business or income-producing property, any income or increase in value during the marriage doesn’t 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.
Arkansas courts divide property as close to equally as possible. Equitable distribution 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:
The court considers non-monetary contributions like homemaking as well as monetary contributions. The parties' vocational skills and outside sources of income are also part of the calculations. Parties can make their own property division agreement rather than having the court make one.
Arkansas has adopted the Uniform Community Property Disposition at Death Act. This rule preserves the rights of each spouse regarding community property acquired before moving to Arkansas (or other non-community property states that have adopted this model law).
FindLaw's Divorce and Property section contains additional articles and resources.
Note: State laws are subject to change through the passage of legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decision.
Divorce is a complex, emotionally taxing process. A divorce attorney can review your case and help distinguish between marital and separate property. Contact an experienced Arkansas divorce attorney for legal advice with your case.
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