Is Arkansas A Community of Property State?

Is Arkansas A Community of Property State?

Certain regulations vary from state to state when it comes to property division caused by divorce. If you live in Arkansas, you should be aware of the specifics.

Is Arkansas A Community of Property State?

Arkansas is not a state that recognizes common property. Marital property is not automatically distributed evenly between the two parties in a divorce proceeding. Only property gained during marriage is subject to partition caused by divorce in Arkansas, which is an equitable distribution state. 

Non-monetary contributions and a list of other Arkansas law-defined criteria are frequently considered by Arkansas courts in a property division case.

As previously indicated, the equitable distribution policy will govern property division in Arkansas.

It simply implies that the court oversees distributing the property between the parties in what is thought to be a fair distribution.

This is based on each individual’s contributions to the marriage as well as their earning capability and requirements after separation.

Furthermore, circumstances such as any economic misbehavior by one spouse will be considered.

In an equitable distribution state like Arkansas, judges normally divide marital property with around two-thirds of marital assets going to the higher-earning spouse and one-third going to the lower-earning spouse. 

A Close Look At Property Division In Arkansas

Property division, also known as equitable distribution, is the act of distributing property rights and duties between two parties during a divorce.

Man shares a house between former spouses in a divorce process.

In most circumstances, property distribution is agreed upon by two parties through a property settlement, or it can be decided in court during the divorce legal process.

Property division is influenced by state laws such as community property laws, definitions of marital contributions, and many more.

If you file for divorce in Arkansas, the legal process includes the equitable distribution of marital assets.

This means that the court attempts to divide the marital assets in a fair and equal way between the spouses, considering multiple factors to determine the equitable distribution for each spouse.

In Arkansas, marital property is divided equally between the parties unless the court determines that such division is unjust.

Once the court determines that a 50-50 split is inherently unfair, it will consider variables such as duration of the marriage, age, health of the spouse, income, occupations, vocational qualifications, contributions of each partner, and tax ramifications of the split.

Non-marital property or Property obtained by one party before the marriage, or Property acquired after the marriage but designated to stay separate and apart from the marital estate, remains that spouse’s separate property and isn’t subject to property division.

Is It True That Arkansas Only Divides Marital Property After A Divorce?

Only assets or property classified as marital, or community property are subject to division in a divorce proceeding in Arkansas.

In general, any property possessed by either spouse before marriage is exempt, as are independently owned assets acquired during the marriage.

What Are The Statutory Factors In Determining Property Division In Arkansas?

If you’re filing for divorce in Arkansas, there’s a list of elements defined by statute that clearly outline what the court will consider when deciding on a fair distribution of property.

Some examples of issues that are frequently considered during property division disputes include:


Income and earning capacity. 

The court might also take into consideration the relative salaries and earning capabilities of both spouses, which might be influenced by factors like age, health, and education.

A spouse with poor financial potential may inherit a sizable portion of the estate.

Custody of children.

If one spouse has full custody of the couple’s children after the divorce, he or she may have a better chance of obtaining a larger percentage of the estate or specific marital property.

Marital fault.

In states that allow at-fault divorce, the judge may utilize the fault of one spouse to award a bigger share to the aggrieved spouse.

There are no statutes in Arkansas that require courts to consider economic wrongdoing, such as wasting marital assets, when deciding on property division.

Economic misconduct may result in a bigger share of marital property being awarded to the aggrieved spouse in other states.

Is A Pre-Nuptial Agreement A Factor In Property Division in Arkansas?

A prenuptial agreement, sometimes known as a prenup, is a legally binding document that both couples sign before getting married in Arkansas.

A property division agreement in a prenuptial agreement can take precedence over Arkansas property division rules by defining what’s deemed separate vs marital property and agreeing on how assets will be organized during the marriage and distributed in the event of divorce.

closeup of a marriage prenuptial agreement Arkansas

A proper prenuptial agreement can prevent a court from having complete control over how assets are divided between couples, instead of allowing them to be shared in a way agreed upon by both spouses before the event.

Final Thoughts On Is Arkansas A Community Property State?

Now that you’re familiar with how the legalities work when it comes to property division in Arkansas, you can go through the procedure without much issue.

Whatever your reason for filing for divorce, you must be prepared for the property division that comes with it.

Various factors come into play during the partition processes depending on the assets and possessions you and your spouse accumulated during the marriage.

Read More: 

How Do I File for Divorce in Wyoming? Costs and Procedures

How Do I File for Divorce in Arkansas? – Cost and Procedures

Patricia Godwin

Patricia has many years of experience as a content writer on various subjects, and she is the Editor of Lifestyle Divorce. Patricia’s worked as the Practice Manager at an International Divorce and Family law firm for over 15 years. She is a qualified Counsellor, and she has had many counselling sessions with people considering or going through a divorce.

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