Quick answer: Arkansas is not a community property state. Under Ark. Code 9-12-315, all marital property is distributed one-half to each party unless the court finds that division inequitable, in which case it makes some other division it deems equitable based on nine factors and states its reasons. Property acquired before the marriage, by gift or inheritance, and the increase in value or income from it is generally not marital property and is returned to its owner.
What the Arkansas statute says
- One-half presumption. At the time a divorce decree is entered, all marital property is distributed one-half to each party unless the court finds that division inequitable.
- Nine factors for an unequal division. The length of the marriage; age, health and station in life; occupation; amount and sources of income; vocational skills; employability; estate, liabilities and needs and opportunity for further acquisition of capital assets and income; contribution to the acquisition, preservation or appreciation of marital property, including services as a homemaker; and the federal income tax consequences of the division.
- Reasons required. The court must state its basis and reasons for not dividing the marital property equally.
- Other property. All other property is returned to the party who owned it before the marriage, unless the court makes some other division it deems equitable and states its reasons in writing.
- Specific property. The final order designates the specific real and personal property each party receives.
How the calculator works
You enter the marital assets and debts each spouse holds and any non-marital property, and choose a share for the illustration. The slider starts at the statute’s one-half presumption. The calculator adds up the marital property, shows each share and the equalizing payment needed, and lists the non-marital property each spouse keeps. Nothing on this page predicts what a judge will order. The reasoning is in how Arkansas divides property, marital versus separate property and the marital home and buyouts.
Property and alimony
The property division and alimony are decided in the same decree, and the property each spouse receives bears on need. See the Arkansas alimony calculator.
Property division across Arkansas
The statute applies in every Arkansas circuit court, from Little Rock, Fayetteville, Fort Smith, Springdale, Jonesboro or Conway. The court is not required to address the division of property when the decree is entered if either party is involved in a bankruptcy proceeding (Ark. Code 9-12-315(c)).
Frequently asked questions
Is Arkansas a community property state?
No. Arkansas divides marital property under Ark. Code 9-12-315, one-half to each party unless the court finds that inequitable. The IRS lists nine community property states, and Arkansas is not among them.
Does Arkansas split property 50/50 in a divorce?
That is the starting presumption: all marital property is distributed one-half to each party unless the court finds the division inequitable and states its reasons.
What makes an unequal division equitable in Arkansas?
The court weighs nine factors, including the length of the marriage, age and health, income, employability, needs, contributions including homemaker services, and the federal tax consequences.
Is an inheritance divided in an Arkansas divorce?
Generally not. Property acquired by gift, bequest or inheritance, property acquired in exchange for it, and the increase in value and income from it are excluded from marital property.
What if the Arkansas house cannot be divided?
If the real estate cannot be divided without great prejudice to the parties, the court orders it sold by a commissioner and divides the proceeds in proportion to the parties' rights.