Arkansas Family Law

Arkansas laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute Arkansas State Statute
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. Fault Based
3. Equitable distribution or community property Equitable
a. Methods of apportionment
i. Periera and Van Camp in CA
b. Property distribution factors
4. Legal separation?
a. Waiting period/Separation period 18 months
5. Is mediation required
6. Forms used
7. Alimony guidelines and factors Arkansas awards three types of alimony: temporary, short-term, or permanent. Similar to other temporary orders, temporary alimony is an award that covers the period between when you file for divorce and when the divorce decree is issued. Short-term alimony is awarded for a defined period of time to allow you to get on your feet. If you are awarded permanent alimony, it automatically terminates if you remarry or enter into a situation that the court considers as equivalent to remarriage, unless the divorce order indicates otherwise.
Alimony formula
a. Types
b. Term Limits
Cohabitation Automatic
c. Imputing income
d. Change in circumstances
e. Ceases on retirement
Impute income on early retirement
Early retirement for health reasons is involuntary
f. Definition of income
8. Child support factors and guidelines Arkansas calculates basic support as a percentage of a noncustodial parent’s net income after certain allowable deductions. Courts interpret income broadly to cover the widest range of resources available to benefit children. In order to assist the court in calculating support, both parents are required to submit an Affidavit of Financial Means.
9. Child support calculator
10. Lump Sum  Support allowed?
11. Valuation
a. Valuation date Divorce
b. Goodwill divisibility Personal goodwill is not divisible.  Enterprise goodwill is divisible. - Wilson v. Wilson, 294 Ark. 194 (1987)
c. Standard of value Fair Market Value - Arkansas law requires the use of the ‘fair market value’ standard for valuing businesses in a marital property context.
d. Discounts Yes - Crismon v. Crismon
e. Shareholder/partner agreements
 12. Double dip  Impermissable double dip, not issue because personal goodwill not divisible

Arkansas follows the majority approach in assessing goodwill and ‘double dipping.’

The majority approach deals with this issue by separating goodwill into two categories:  enterprise goodwill and personal goodwill.

Enterprise goodwill is defined as the intangible value associated with the business as a unit itself and is tied to the existence of the particular business as a going concern.   Personal goodwill is tied to the personality and individual excess value brought to the table by the individual owner, including through an excess earnings analysis.

 a. Stock options
 b. Retirement accounts  
 c. Child support
 13. Key cases  
 14. Premarital agreements  Uniform Pre-Marital Agreement Act adopted
 15. Common law


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