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Arkansas Alimony
Alimony

Arkansas divorce courts grant alimony to one of the spouses if the court determines it is in the interests of justice. Parties may seek alimony as part of the dissolution decree, and the court decides based on the needs and status of the parties.

According to the Arkansas Code - Title 9 - Chapters: 12-312, the Chancery Court orders alimony on a case-by-case basis, and the parties can agree to pay it or it can be ordered by the court.

Alimony orders automatically cease upon the earlier of:

  • the remarriage of the recipient; or
  • the establishment of a relationship that produces a child or children. A relationship considered the equivalent of remarriage.

The court looks at any changed circumstances to determine whether to modify or terminate spousal support on the request of either party.

Depending on the circumstances and interests of justice, support can be ordered for a limited amount of time or for a longer period of time. The court decides based on the couple’s unique situation.

Types of Alimony

In Arkansas, courts award three types of alimony. They are as follows:

  • temporary, which is a temporary award of alimony prior to the final dissolution;
  • short-term, which is an award of alimony for a limited period of time, often granted allow one spouse the opportunity to gain new skills; and
  • long-term or permanent, which is an award of alimony for a long period of time.

Factors Considered by the Court

In Arkansas alimony may be granted to either spouse in fixed installments for a specific period of time and subject to contingencies such as death of either spouse or remarriage of the receiving spouse. Support must be reasonable and based the means of the parties.

In awarding alimony, the court considers:

  • the assets of both parties;
  • ability to obtain future employment;
  • life situation of parties during marriage; and
  • any other information the court determines just.

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