Arkansas Marital Property Division Guide

Arkansas follows equitable distribution with a unique twist: the law presumes a 50/50 split unless the court finds that division inequitable. Under Ark. Code Ann. § 9-12-315, courts must divide marital property equally unless specific factors warrant a different outcome—and must explain any deviation in writing. Understanding these rules is essential whether you're pursuing an uncontested or contested divorce.

The 50/50 Default Rule

Unlike most equitable distribution states that simply aim for "fairness," Arkansas law is specific: all marital property shall be distributed one-half to each party unless the court finds such division inequitable. This means:

• Equal division is the starting point in Arkansas
• Courts must justify any unequal split in writing
• The burden is on showing why 50/50 wouldn't be fair

Before you divide, know the numbers. Estimate your Arkansas divorce costs:

Factors for Deviating from Equal Division

When courts determine that equal division would be inequitable, they consider these statutory factors:

• Length of the marriage
• Age, health, and station in life of the parties
• Occupation of each spouse
• Amount and sources of income
• Vocational skills
• Employability
• Estate, liabilities, and needs of each party
• Contribution to acquisition, preservation, or appreciation—including homemaker services
• Federal income tax consequences

What Remains Non-Marital Property?

Arkansas law excludes certain property from the marital estate. For detailed strategies to safeguard these assets, see our guide on protecting separate property in Arkansas. Types of non-marital property include:

• Property acquired before marriage
• Gifts or inheritance received by one spouse
• Life insurance proceeds from third parties
• Deferred compensation and IRA accounts acquired before marriage
• Workers' compensation benefits for permanent disability
• Personal injury awards
• Social Security disability benefits
• Property acquired by trust distribution or bequest

Dividing Real Estate

If the family home or other real property cannot be fairly divided, Arkansas courts may order a sale. The sale must be conducted by a court-appointed commissioner at public auction to the highest bidder, with proceeds divided according to the decree.

Learn more about who gets the house in a divorce.

Bankruptcy Exception

If either spouse is involved in a bankruptcy proceeding at the time of divorce, the court is not required to address property division until the bankruptcy is resolved.

Need a Full Financial Picture?

The calculator above gives you a quick estimate. For a comprehensive analysis covering the 50/50 presumption, deviation factors, and non-marital property classification, get your full Arkansas property analysis here.

Next Steps

Understanding Arkansas's equitable distribution system is essential for protecting your financial interests. Key takeaways:

• Arkansas defaults to 50/50 division of marital property
• Courts must explain in writing any deviation from equal split
• Nine statutory factors guide unequal divisions
• Non-marital property includes gifts, inheritance, and disability benefits
• Real estate may be sold if not divisible

For official forms and court information, visit the Arkansas Courts. Review the Arkansas divorce timeline to understand the process. Consulting with an Arkansas family law attorney is recommended for divorces involving significant assets.