Arkansas Property Division: How Equitable Distribution Works

By the FigureMyTax Editorial Team · How we calculate

Arkansas is an equitable distribution state with an equal-division presumption. All marital property is distributed one-half to each party unless the court finds that division inequitable, in which case it weighs nine factors and must state its reasons. Arkansas is not a community property state.

Equitable distribution with an equal-division presumption

Arkansas is an equitable distribution state, not a community property state. The IRS describes the nine community property states in Publication 555: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Arkansas is not on that list. Instead, Ark. Code 9-12-315(a)(1)(A) makes one-half to each party the starting point for marital property.

When the court can divide unequally

If the court finds an equal division inequitable, it makes some other division it deems equitable, taking into consideration the length of the marriage; age, health and station in life; occupation; amount and sources of income; vocational skills; employability; each party’s estate, liabilities and needs and opportunity for further acquisition of capital assets and income; contribution to acquiring, preserving or appreciating marital property, including services as a homemaker; and the federal income tax consequences of the division. The court must state its basis and reasons for not dividing the marital property equally.

Designating the property

Every final order or judgment must designate the specific real and personal property to which each party is entitled. When stocks, bonds or other securities are part of the marital property, the court designates the specific securities or, after determining their fair market value, may distribute them to one party on condition that one-half of the fair market value in money or other property is set aside for the other party in place of dividing the securities (9-12-315(a)(3) and (a)(4)).

Debts

Section 9-12-315 addresses marital property; it does not contain a rule for dividing marital debt. Debt is allocated as part of the overall division, so who pays what is something to settle alongside the assets.

Bankruptcy

The court is not required to address the division of property when the divorce decree is entered if either party is involved in a bankruptcy proceeding (9-12-315(c)).

Enforcing the property order

Either party can petition the court to enforce the property order by specifying the property the other has failed to restore or deliver, and the court can hear and decide the petition in a summary manner after ten days’ notice. The order, judgment or decree is a bar to all claims of dower or curtesy in the land or personal property then owned or later acquired by either party (Ark. Code 9-12-315(a)(3)(C)).

Documents to gather

Gather deeds, titles, account and retirement statements, loan balances and tax returns, and records showing when and how each asset was acquired. The nine factors turn on income, needs, contributions and tax consequences, so pay stubs, budgets and evidence of homemaker contributions matter as much as the asset records.

Test a split

The Arkansas property division calculator starts from the one-half presumption and lets you test other shares and the equalizing payment each one implies.

Frequently asked questions

Official sources

• Ark. Code 9-12-315: division of property
• IRS Publication 555: community property states

This is general information, not legal advice. It is based on the cited Arkansas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arkansas attorney.