Understanding Equitable Distribution in Arkansas Divorce Cases
Divorce can be a complex and emotional process, and one of the most challenging aspects is dividing property and assets. In Arkansas, property division in a divorce case is governed by the principle of equitable distribution. This legal concept determines how property and assets will be divided between spouses based on what is fair and equitable under the circumstances of the case.
What is Equitable Distribution in Arkansas?
Equitable distribution is a legal principle that applies in Arkansas to determine the division of property and assets in divorce cases. Usually, this means that marital property is divided equally between spouses. Arkansas courts will award 50% of the parties’ marital property to one spouse, and 50% to the other, unless doing so would be “inequitable.”
Factors Considered in Making an Unequal Division of Marital Property
In Arkansas, the court will consider several factors when fashioning an unequal division of marital property in order to achieve an “equitable” distribution:
- The length of the marriage
- The age, health and station in life of each spouse
- The occupations of each spouse
- The amount and sources of income
- Vocational skills
- Estate, liabilities andneeds of each party and opportunity of each for further acquisiton of capital assets and income
- The contributions of each spouse to the marriage, including contributions as a homemaker;
- The federal income tax consequences of the court’s division of property
The court will try to achieve “equity” or fairness. In some cases, this will mean that one spouse may be awarded a greater share of the property and assets than the other.
Working with an Arkansas Divorce Lawyer
Divorce cases can be complex, and the division of property and assets is often a contentious issue. It is essential to work with an experienced divorce lawyer who understands Arkansas law and can help you navigate the process of equitable distribution. A skilled divorce lawyer can advocate for your interests, help you understand your legal rights, and work to ensure that the division of property and assets is fair and equitable under Arkansas law.
Equitable distribution is a legal concept that applies in Arkansas to determine the division of property and assets in divorce cases. The court will consider several factors when dividing property and assets, and the division of property and assets will be based on what is fair and equitable under Arkansas law. Working with an experienced Arkansas divorce lawyer can help ensure that your interests are protected throughout the divorce process, including the division of property and assets.