Arkansas Alimony and Spousal Support Laws
Arkansas divorce courts allow for the grant of alimony to one of the spouses if the court determines such an award to be in the interests of justice.
Types of Spousal Support
- Temporary – a temporary award of alimony prior to the final dissolution.
- Short-Term – an award of alimony for a limited period of time, often granted to allow one spouse the opportunity to gain new skills.
- Long-Term or Permanent – an award of alimony for a long period of time.
Who is Eligible for Alimony in Arkansas
Parties seeking a divorce in Arkansas may seek alimony as part of the dissolution decree. The court will decide based on the needs and status of the parties whether to award support.
Arkansas Alimony Guidelines (Factors for Awarding Alimony)
The obligation of one spouse to pay alimony is decided on a case-by-case basis and can be agreed to by the parties or the court may order support. The court may consider:
- Assets of both parties;
- Ability to obtain future employment;
- Life situation of parties during marriage; and
- Any other information the court determines just.
Reasons for Termination or Modification of Alimony in Arkansas
Unless ordered indicated, payment of alimony shall cease automatically if:
- Remarriage of the receiving spouse; or
- A situation that is the equivalent of remarriage.
The court may look at any changed circumstances as well to determine whether to modify or terminate spousal support on request of either party.
Marital Fault in Arkansas
Under Arkansas law, both no-fault and fault divorces may be granted. Adultery, addiction, and criminal conduct are a few of the grounds for ‘at fault’ divorce in Arkansas.
How Long Does Spousal Support Last in Arkansas?
Support can be ordered for a limited amount of time or for a longer period of time depending on the circumstances and interests of justice. The court will decide length of alimony based on the parties’ unique situation.
Arkansas Alimony Taxes
Alimony is claimable as a federal income tax deduction by the paying spouse. Likewise, the payee spouse is to claim alimony as income. A tax attorney can advise you of your rights and the best way to structure your alimony for tax purposes.
Find an Alimony Attorney in Arkansas
To protect your assets and your rights during divorce, it is best to discuss your situation with an attorney. An Arkansas family law attorney can help you sort out the complexities of the legal process.