One of the most important—and often most complex—issues in an Arkansas divorce is the division of property and assets. If you’re going through a divorce in Fayetteville or anywhere in Arkansas, understanding how marital property is divided can help you make informed decisions and protect your future.
Under Arkansas Code § 9-12-315(b)(5), marital property generally includes any assets acquired by either spouse during the marriage—regardless of whose name is on the title or account. This can include:
Real estate
If it was acquired during the marriage, it is likely subject to division in the divorce.
Some property is considered non-marital and is usually excluded from division. Examples include:
These distinctions are recognized under Arkansas Code § 9-12-315.
Arkansas law follows the principle of equitable distribution, meaning the court aims to divide property fairly, not necessarily equally. The court starts with the presumption of a 50/50 split, but may divide assets unequally if a fair result requires it.
When doing so, the court considers several factors under Arkansas Code § 9-12-315(a)(2), including:
Dividing property in a divorce can quickly become contentious—especially when emotions are high or assets are complex. A knowledgeable Arkansas divorce lawyer can help identify marital vs. non-marital property, value assets accurately, and advocate for a just outcome.
At Kristen Komander Law, we provide experienced, compassionate representation in all aspects of family law, including property division in Arkansas divorce cases. We serve clients in Fayetteville and the surrounding areas with diligence and clarity.
Contact us today to schedule a consultation.
