The following is a summary of Arkansas property division laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Arkansas Code and/or consult with an attorney about how the law might apply to your particular situation.

Factors Determining Property Division.

At the time a divorce decree is entered, all marital property shall be distributed one-half to each party unless the court finds such a division to be inequitable. In that event the court shall make some other division that the court deems equitable taking into consideration:

  1. The length of the marriage;
  2. Age, health, and station in life of the parties;
  3. Occupation of the parties;
  4. Amount and sources of income;
  5. Vocational skills;
  6. Employability;
  7. Estate, liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income;
  8. Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker; and
  9. The federal income tax consequences of the court’s division of property.

When property is divided pursuant to the foregoing considerations the court must state its basis and reasons for not dividing the marital property equally between the parties.

All other property shall be returned to the party who owned it prior to the marriage unless the court shall make some other division that the court deems equitable taking into consideration those factors listed above, in which event the court must state in writing its basis and reasons for not returning the property to the party who owned it at the time of the marriage.

Every such final order or judgment shall designate the specific real and personal property to which each party is entitled.

-From 9-12-315 of the Arkansas Code

Marital and Non-Marital Property Defined.

For the purpose of this section, “marital property” means all property acquired by either spouse subsequent to the marriage except:

  1. Property acquired prior to marriage or by gift or inheritance;
  2. Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent;
  3. Property acquired by a spouse after legal separation;
  4. Property excluded by valid agreement of the parties;
  5. The increase in value of property acquired prior to marriage or by gift or inheritance;
  6. Benefits received or to be received from a workers’ compensation claim, personal injury claim, or social security claim when those benefits are for any degree of permanent disability or future medical expenses; and
  7. Income from property owned prior to the marriage or from property acquired by gift or by inheritance.

-From 9-12-315 of the Arkansas Code

Joint Credit Accounts.

After a court has established one party responsible for a joint credit card account, the nonresponsible party may notify the issuer of the credit card of the court order by sending a written notice containing the account name and account number of the joint credit card accompanied by a certified copy of the court order and property settlement agreement, if any, by certified mail, return receipt requested. This should be sent to the address which the issuer has designated for making payments on the credit card account or to the customer service address provided by the issuer.

No later than the fourth business day after receipt of the notice by the issuer, the nonresponsible party shall not be liable for any new charges on the credit card. He or she shall only be responsible for charges made by the nonresponsible party, and for the balance due prior to the date the issuer processes the notice and all interest and late fees accrued or thereafter accruing on the balance.

 

This information has been summarized from the Arkansas statutes. You can find the full-text version of these and other Arkansas divorce statutes online here: Arkansas Divorce Laws.

LEARN MORE ABOUT GENERAL PROPERTY DIVISION LAWS.

GO TO ANOTHER DIVORCE ARTICLE.

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.