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Cases of Interest: Arkansas
© National Legal Research Group, Inc.
Accounts (full category)
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ARKANSAS: Bishop v. Bishop, ___ Ark. App. ___, 961 S.W.2d 770 (1998).
The husband made a valid gift to the son of a certificate of deposit, so the account was not marital property. Parents frequently establish accounts for their children and then fight over the classification of the money when their marriage ends. Williams v. Williams and Bishop v. Bishop both support the view that an account in the name of a child is not marital property.
Read More About This CaseAppeal (full category)
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ARKANSAS: Skokos v. Skokos, 332 Ark. 520, 968 S.W.2d 26 (1998).
A spouse's acceptance of the benefits of a decree does not waive the right to appeal the decree where the parties specifically agreed that the spouse could appeal the decree despite the acceptance of the benefits.
Read More About This CaseChildren (full category)
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ARKANSAS: Bishop v. Bishop, ___ Ark. App. ___, 961 S.W.2d 770 (1998).
The husband made a valid gift to the son of a certificate of deposit, so the account was not marital property. Parents frequently establish accounts for their children and then fight over the classification of the money when their marriage ends. Williams v. Williams and Bishop v. Bishop both support the view that an account in the name of a child is not marital property.
Read More About This CaseClassification of Assets (full category)
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ARKANSAS: Mason v. Mason, ___ Ark. ___, 895 S.W.2d 513 (1995).
Husband's disability benefits paid by his employer in connection with his long-term physical problems did not fall within the statutory marital-property exemption for personal injury benefits.
Read More About This CaseARKANSAS: Bishop v. Bishop, ___ Ark. App. ___, 961 S.W.2d 770 (1998).
The husband made a valid gift to the son of a certificate of deposit, so the account was not marital property. Parents frequently establish accounts for their children and then fight over the classification of the money when their marriage ends. Williams v. Williams and Bishop v. Bishop both support the view that an account in the name of a child is not marital property.
Read More About This CaseDeath of Spouse (full category)
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ARKANSAS: Hamilton v. Hamilton, ___ Ark. ___, 879 S.W.2d 416 (1994).
Since pending divorce action terminated because of husband's death, wife had right to elective share of husband's estate; fact that wife would receive more property by electing against will than she would have received in divorce action did not mean that election statute violated equal protection.
Read More About This CaseDebts (full category)
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ARKANSAS: Hunt v. Hunt, ___ Ark. ___, 15 S.W.3d 334 (2000).
The margin debt that was owed to a securities brokerage firm on an account under the husband's name was a marital debt for which the wife was also responsible.
Read More About This CaseARKANSAS: Whisnant v. Whisnant, 68 Ark. App. 298, 6 S.W.3d 808 (1999).
The husband was entitled to a setoff of one-half of the payments he made after the date of separation toward marital debts designated in the final order.
Read More About This CaseDisability Benefits (full category)
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ARKANSAS: Skelton v. Skelton, ___ Ark. ___, 5 S.W.3d 2 (1999).
The husband's firefighter pension fund was a property interest during the marriage, subject to equitable distribution, while his disability benefits were not subject to equitable distribution.
Read More About This CaseARKANSAS: Mason v. Mason, ___ Ark. ___, 895 S.W.2d 513 (1995).
Husband's disability benefits paid by his employer in connection with his long-term physical problems did not fall within the statutory marital-property exemption for personal injury benefits.
Read More About This CaseFactors in Award (full category)
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ARKANSAS: Hadden v. Hadden, ___ Ark. ___, 897 S.W.2d 568 (1995).
The husband's payment of college expenses for the parties' adult daughter was not a sufficient reason for refusing to distribute an equal share of that money to the wife.
Read More About This CaseFederal Preemption (full category)
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ARKANSAS: Gentry v. Gentry, ___ Ark. ___, 938 S.W.2d 231 (1997).
A spouse's agreement to divide future Social Security benefits cannot be enforced because federal law prohibits the transfer or assignment of such benefits.
Read More About This CaseGifts (full category)
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ARKANSAS: Bishop v. Bishop, ___ Ark. App. ___, 961 S.W.2d 770 (1998).
The husband made a valid gift to the son of a certificate of deposit, so the account was not marital property. Parents frequently establish accounts for their children and then fight over the classification of the money when their marriage ends. Williams v. Williams and Bishop v. Bishop both support the view that an account in the name of a child is not marital property.
Read More About This CaseMilitary Benefits (full category)
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ARKANSAS: Holaway v. Holaway, ___ Ark. App. ___, 16 S.W.3d 302 (2000).
The husband's military retirement benefits had not vested and thus were not an asset to be divided upon divorce.
Read More About This CaseARKANSAS: Christopher v. Christopher, ___ Ark. ___, 871 S.W.2d 398 (1994).
When the parties divorced at the end of their second marriage to each other, the wife was entitled to a percentage of the husband's military retirement pay based upon the total number of years of their two marriages.
Read More About This CasePaternity (full category)
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ARKANSAS: R.N. v. J.M. & B.M., No. 01-174 (Ark. Dec. 6, 2001).
In this case, the petitioner appealed the denial of his petition to establish the paternity of a minor child who was born to the respondent during her marriage to the co-respondent.
Read More About This CasePension Benefits (full category)
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ARKANSAS: Skelton v. Skelton, ___ Ark. ___, 5 S.W.3d 2 (1999).
The husband's firefighter pension fund was a property interest during the marriage, subject to equitable distribution, while his disability benefits were not subject to equitable distribution.
Read More About This CaseSocial Security Benefits (full category)
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ARKANSAS: Gentry v. Gentry, ___ Ark. ___, 938 S.W.2d 231 (1997).
A spouse's agreement to divide future Social Security benefits cannot be enforced because federal law prohibits the transfer or assignment of such benefits.
Read More About This CaseTax Consequences (full category)
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ARKANSAS: Killough v. Killough, 72 Ark. App. 62, 32 S.W.3d 57 (2000).
The wife argued that the trial court's decision not to include the retained earnings of the husband's professional association in its determination of the marital assets was error. The wife also argued that the trial court erred in its decision to order the wife to pay one-half of any additional income taxes owed by the husband's failure to report income.
Read More About This CaseThird Parties (full category)
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ARKANSAS: Bradford v. Bradford, ___ Ark. App. ___, 915 S.W.2d 723 (1996).
The parties' son, who claimed an interest in their real property, satisfied the procedural and substantive requirements for intervening in their divorce proceeding.
Read More About This CaseValuation of Property (full category)
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ARKANSAS: Killough v. Killough, 72 Ark. App. 62, 32 S.W.3d 57 (2000).
The wife argued that the trial court's decision not to include the retained earnings of the husband's professional association in its determination of the marital assets was error. The wife also argued that the trial court erred in its decision to order the wife to pay one-half of any additional income taxes owed by the husband's failure to report income.
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