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How is property divided in Arkansas at the time of divorce?

Some residents of Pulaski, Arkansas, have gone through the pains of divorce and agree that a divorce emotionally and financially impacts all parties involved, including children. A divorce is usually followed by alimony, property division, child custody and child support. In order to have a secure financial future, it is important for spouses to first secure their interests.

Since Arkansas is an equitable distribution state, courts divide property in a just and fair manner. It may not necessarily be divided equally between the spouses, however. Under the Arkansas code, court has been given broad powers to distribute all property in a divorce, whether marital or non-marital, to reach a fair division.

Under Arkansas family laws, if equitable, each spouse receives half the marital property. Nonetheless, if the court finds an equal division of marital property inequitable, the court will make other divisions it finds equitable and while doing so, will take into consideration various factors. These factors include the length of the marriage, each spouses’ occupation, as well as each spouses’ source of income and employability, among others.

If stocks, bonds or other securities are part of the marital property, the court will name the specific property each party is entitled to receive. It may also order one party to receive all security with the condition that he or she will pay the fair market price to the other party. This can be used for stocks as well.

A trial court handling property division must state if it is distributing marital properties equally or unequally. In the event of a trial court deciding to distribute properties unequally between a couple, the judge needs to state the reasons and basis for such an unequal distribution.

Source: Courts.Arkansas.gov, “Arkansas Circuit Judges’ Bench Book, Vol. II Domestic Relations And Probate Divisions,” accessed on Jan. 13, 2015


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