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
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:
- 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.
Estimate Your Arkansas Divorce Costs
Property division complexity affects overall divorce costs. Use our calculator for a personalized estimate:
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
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.
Disclaimer
This article provides general information about Arkansas property division laws under Ark. Code Ann. § 9-12-315 and is not legal advice. Property division involves complex considerations that vary based on your circumstances. Laws may change. Consult a licensed Arkansas family law attorney for guidance tailored to your situation.
