Arkansas Alimony Laws: Types, Duration & Calculation (2025)
In Arkansas, alimony, also known as spousal support, is not guaranteed in a divorce. A judge will award it based on one spouse's need and the other's ab...
Key Takeaways
- Arkansas law recognizes three main types of alimony: temporary, rehabilitative, and permanent. Each serves a different purpose and is awarded based on the specific circumstances of the case.
- Arkansas does not have a specific formula for calculating alimony. Instead, judges have broad discretion and must consider a variety of factors to determine a fair and equitable amount.
- Yes, alimony can be modified in Arkansas. Either party can petition the court to modify an alimony award if there has been a significant and material change in circumstances.
In Arkansas, alimony, also known as spousal support, is not guaranteed in a divorce. A judge will award it based on one spouse's need and the other's ability to pay, considering factors like the length of the marriage and each spouse's financial situation.
Arkansas Alimony Laws: Types, Duration & Calculation (2025)
In Arkansas, alimony, also known as spousal support, is not guaranteed in a divorce. A judge will award it based on one spouse's need and the other's ability to pay, considering factors like the length of the marriage and each spouse's financial situation.
Navigating the complexities of spousal support can be challenging. This guide provides a comprehensive overview of Arkansas alimony laws, including the different types of alimony, how it's calculated, how long it lasts, and more.
Table of Contents
- What types of alimony are available in Arkansas?
- How is alimony calculated in Arkansas?
- How long does alimony last in Arkansas?
- Can alimony be modified in Arkansas?
- Is alimony taxable in Arkansas?
- Frequently Asked Questions
- Legal References
- Related Articles
What types of alimony are available in Arkansas?
Arkansas law recognizes three main types of alimony: temporary, rehabilitative, and permanent. Each serves a different purpose and is awarded based on the specific circumstances of the case.
| Alimony Type | Purpose | Typical Duration |
|---|---|---|
| Temporary | To provide financial support to a spouse during the divorce proceedings. | Until the divorce is finalized. |
| Rehabilitative | To provide financial support while the recipient spouse receives education or training to become self-supporting. | For a fixed period, as determined by the court. |
| Permanent | To provide long-term support to a spouse who is unable to become self-supporting due to age, health, or other factors. | Can be for an indefinite period, but may terminate under certain circumstances. |
Temporary Alimony: This type of alimony is awarded while the divorce is pending to help a lower-earning spouse meet their financial needs. It automatically terminates when the divorce is finalized.
Rehabilitative Alimony: This is the most common type of alimony in Arkansas. It is intended to be a short-term measure to help a spouse get back on their feet financially. The spouse seeking rehabilitative alimony may be required to submit a plan to the court detailing their educational or vocational goals.
Permanent Alimony: This type of alimony is becoming increasingly rare. It is typically reserved for long-term marriages where one spouse has been out of the workforce for a significant period and is unlikely to become self-supporting.
How is alimony calculated in Arkansas?
Arkansas does not have a specific formula for calculating alimony. Instead, judges have broad discretion and must consider a variety of factors to determine a fair and equitable amount.
The primary factors a court will consider are one spouse's need for alimony and the other spouse's ability to pay. In addition to these, the court will look at:
- The length of the marriage
- The age and health of both spouses
- The standard of living during the marriage
- Each spouse's occupation, income, and earning capacity
- The assets and debts of each spouse
- The contributions of each spouse to the marriage, including contributions as a homemaker
Civilly Insight: While there is no set formula, a common rule of thumb is that alimony may be awarded for one year for every three years of marriage. However, this is not a hard and fast rule, and the judge will make a decision based on the specific facts of your case.
How long does alimony last in Arkansas?
The duration of alimony payments depends on the type of alimony awarded and the specific circumstances of the case. Temporary alimony lasts until the divorce is final. Rehabilitative alimony is for a fixed period, as determined by the court. Permanent alimony can be for an indefinite period.
Alimony payments automatically terminate upon the earliest of the following events:
- The remarriage of the recipient
- The recipient cohabitating with another person in an intimate relationship
- The death of either party
- Any other contingency set forth in the divorce decree
Can alimony be modified in Arkansas?
Yes, alimony can be modified in Arkansas. Either party can petition the court to modify an alimony award if there has been a significant and material change in circumstances.
A significant and material change in circumstances could include:
- A substantial increase or decrease in either party's income
- A change in the recipient's financial needs
- The recipient's failure to make a good-faith effort to become self-supporting (in the case of rehabilitative alimony)
Is alimony taxable in Arkansas?
For divorce agreements finalized on or after January 1, 2019, alimony payments are no longer tax-deductible for the paying spouse, and they are not considered taxable income for the recipient spouse at the federal level. Arkansas follows the federal tax rules regarding alimony.
This is a significant change from the previous law, and it is important to consider the tax implications when negotiating an alimony agreement.
Frequently Asked Questions
Can I get alimony if I was the one who filed for divorce?
Yes, either spouse can request alimony, regardless of who filed for divorce.
Do I have to be married for a certain number of years to get alimony?
No, there is no minimum marriage duration required to receive alimony in Arkansas. However, the length of the marriage is one of the factors a judge will consider.
What if my spouse refuses to pay alimony?
If your spouse is ordered to pay alimony and refuses to do so, you can take legal action to enforce the court order. This may include garnishing their wages or seizing their assets.
Can I get alimony if my spouse cheated on me?
Arkansas is a no-fault divorce state, which means that you do not have to prove that your spouse did something wrong to get a divorce. While marital misconduct is not a primary factor in determining alimony, a judge may consider it in some circumstances.
How is property divided in an Arkansas divorce?
Arkansas is an equitable distribution state, which means that marital property will be divided in a way that is fair, but not necessarily equal. For more information, see our Arkansas Property Division Guide.
How is child custody determined in Arkansas?
Child custody in Arkansas is determined based on the best interests of the child. For more information, see our Arkansas Child Custody Guide.
What is the difference between alimony and child support?
Alimony is financial support paid to a spouse, while child support is financial support paid for the benefit of the children.
Legal References
- Arkansas Code Title 9, Chapter 12, Subchapter 3: Actions for Divorce or Alimony
- Arkansas Code § 9-12-312: Alimony - Child support