How Arkansas Divides Property in Divorce (2026)

Arkansas is an equitable distribution state. Courts divide marital property equitably — which means fairly, not necessarily equally. Separate property stays with its original owner.

Marital Property vs. Separate Property

Marital Property (Subject to Division)

Property acquired by either spouse during the marriage:

• Income earned during the marriage
• Bank and investment accounts funded during marriage
• Real estate purchased during the marriage
• Retirement contributions made during the marriage
• Vehicles purchased during the marriage
• Business interests built or grown during the marriage

Separate Property (Not Subject to Division)

• Property owned by either spouse before the marriage
• Gifts received by one spouse (even during the marriage)
• Inheritances received by one spouse (even during the marriage)
• Property purchased entirely with separate property funds
• Separate property that has been clearly kept separate

Commingling — The Gray Zone

If separate property is mixed with marital property — for example, if inheritance funds are deposited into a joint account and used for joint expenses — it may lose its separate character. Trace the funds with documentation.

Equitable Distribution Factors

Arkansas courts consider (Ark. Code Ann. § 9-12-315):

1. Length of the marriage
2. Each spouse's age, health, occupation, and income
3. Each spouse's earning capacity and employability
4. Each spouse's contribution to acquisition of marital property
5. Homemaker contributions and child-rearing
6. Each spouse's economic circumstances at the time of division
7. Each spouse's separate property
8. Tax consequences of property division
9. Dissipation of marital assets

Fault and property division: Fault does not directly affect property division in Arkansas. However, dissipation of assets (wasting marital funds on an affair, gambling, etc.) can be considered.

Alimony — Fault Can Be Considered

Arkansas alimony (also called "alimony" in Arkansas statutes) is discretionary. The court considers:

• Length of the marriage
• Standard of living during the marriage
• Financial needs and resources of each spouse
• Health and earning capacity
• Each spouse's contributions (including homemaking)
• Fault conduct: Adultery, desertion, or other fault grounds can affect alimony in Arkansas — unlike purely no-fault states

Types: Temporary (during the case) and permanent or rehabilitative (post-decree).

Retirement Accounts

• ERISA plans (401k, 403b, pension): QDRO required — drafted after the Decree is entered; submitted to plan administrator
• Government/military plans: Separate procedures; contact the specific plan administrator
• IRAs: Transfer incident to divorce — no QDRO needed; requires specific language in the Decree

Marital portion: Contributions from date of marriage to date of separation.

Real Estate — Recording at County Recorder

Arkansas uses County Recorders (part of the Circuit Clerk's office in most counties) for deed recording.

1. Prepare Warranty Deed or Quitclaim Deed (attorney or title company typically prepares)
2. Execute and notarize
3. Record at the County Recorder (Circuit Clerk's office) in the county where the property is located
4. Pay recording fee (~$15 per page, $5 per additional page)
5. No real property transfer tax on divorce-related deeds in Arkansas — these are generally exempt from the Arkansas real property transfer tax

Last reviewed: March 2026 | Equitable distribution | Marital vs separate property | Fault can affect alimony (not property division) | QDRO for employer plans | County Recorder for deed recording | No transfer tax on dissolution deeds

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.