Most of the material goods and holdings (as well as debts and other liabilities) acquired during the course of a marriage are subject to division upon divorce. Everything that is not considered separate property (including that which was acquired before the marriage) is referred to as marital property. Some states still recognize the concept of community property, in which virtually all marital property is divided 50/50, but most states have moved toward a more delicate approach to property division that considers the means and needs of each party.
Arkansas Marital Property Laws at a Glance
As in most states, Arkansas statute requires equitable division. This does not mean that property divided equally, however, but in a manner the court considers fair for each party. For instance, a spouse who takes care of domestic duties (such as maintaining the house and raising children) is not paid for these contributions and likely will need extra financial help when living apart from his or her former spouse. The parties may agree to a property division plan on their own, but will need a judge or arbitrator to devise a plan if there are disagreements.
Additionally, Arkansas has adopted the Uniform Disposition of Community Property Rights at Death Act (UDCPRDA ) preserves the rights of each spouse with respect to property considered community property prior to moving to Arkansas (or other non-community property states that have adopted this model law).
See the following chart for additional information about Arkansas marital property laws, and FindLaw's Divorce and Property section for additional articles and helpful resources.
|Community Property Recognized?
||No, but Uniform Disposition of Community Property Rights at Death Act (UDCPRDA) adopted. (§§28-12-101, et seq.)
|Factors Considered by the Court Before Property is Divided
- Length of marriage
- Occupation of each party and other sources of income
- Age, health, and financial well-being of each party
- Vocational skills and employability of each party
- Contributions of each party (including the services of a homemaker)
- Liabilities and needs of each party
- Tax implications of property division plan
|Dower And Curtesy
||Dower allowed; common law curtesy abolished; statutory allowance called curtesy provided (§28-11-301 et seq.)
Note: State laws are always subject to change, typically through the enactment of new statutes, decisions by higher courts, or other means. You should contact an Arkansas divorce attorney or conduct your own legal research to verify the state law(s) you are researching.
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Arkansas Marital Property Laws: Related Resources