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Arkansas Spousal Support Calculator

Calculate Alimony Under Arkansas Code § 9-12-312

Income Information

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Marriage Details

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Marriage less than 5 years?
Marriage 15+ years?
Is recipient custodial parent? ℹ️Check if the alimony recipient has primary physical custody of minor children from the marriage

Arkansas-Specific Factors

Domestic violence involved? ℹ️Check if there was documented domestic violence in the marriage. Arkansas courts may increase alimony for victims.

Arkansas Domestic Violence Impact:

  • 10-20% increase in alimony amounts typically awarded
  • May qualify for longer duration regardless of marriage duration
  • Court may order additional therapy/rehabilitation costs
  • Protective orders can affect temporary support calculations

See: Ark. Code Ann. § 9-12-312

Fault-based divorce? ℹ️Arkansas recognizes fault-based divorce grounds which may impact alimony decisions.

Arkansas Fault Considerations:

  • Arkansas recognizes fault: Adultery, cruelty, desertion may affect alimony
  • Innocent spouse: May receive higher alimony if not at fault
  • Economic misconduct: Hiding assets or intentional unemployment may affect awards

See: Boyles v. Boyles, 268 Ark. 120, 594 S.W.2d 17 (1980)

Arkansas Professional License Rules:

  • Courts may order support during license maintenance periods
  • Continuing education costs may be factored into awards
  • Malpractice insurance costs considered for medical professionals

See: Taylor v. Taylor, 369 Ark. 31, 250 S.W.3d 232 (2007)

Arkansas Cohabitation Rules:

  • Alimony typically terminates upon remarriage
  • Cohabitation alone doesn't automatically terminate alimony
  • Payor must petition court for modification
  • Must prove financial interdependence

See: McKinnon v. McKinnon, 2016 Ark. App. 206, 486 S.W.3d 825

Needs and Resources

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Arkansas Retirement Rules:

  • Early Retirement (55-64): Courts examine whether voluntary or health-related
  • Normal Retirement (65+): May be grounds for modification
  • Retirement Accounts: IRA/401k withdrawals may be considered as income
  • Social Security: Benefits may substitute for alimony payments

See: Ark. Code Ann. § 9-12-312

Earning Capacity

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Recipient Sacrificed Career for Marriage? ℹ️Check if recipient gave up career advancement opportunities to support the marriage (e.g., relocated for spouse's job, stayed home with children)
Recipient has disability? ℹ️Check if recipient has a documented disability that limits earning capacity. May qualify for longer-term alimony.

Duration Factors

Maintain marital standard of living? ℹ️Arkansas courts may consider maintaining the marital lifestyle, especially in long-term marriages
Significant separate property? ℹ️Check if recipient has substantial assets not subject to division (inheritance, pre-marital assets)
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Important Legal Note: This calculator provides estimates only based on Arkansas statutes and case law patterns. Actual court-ordered alimony may differ significantly as Arkansas judges have discretion in alimony determinations. The calculation is not legal advice. Consult a licensed Arkansas family law attorney for advice regarding your specific situation.

Arkansas Spousal Support Calculation Results

Alimony Type Determination

Recommended Alimony Type:

Primary Factors:

Monthly Alimony Amount

Guideline Amount:

Statutory Considerations:

Duration of Alimony

Recommended Duration:

Arkansas Guidelines:

Judicial Considerations

Likely Range:

Key Factors:

Disclaimer: This calculator provides estimates only based on Arkansas statutes and case law. The calculation is not legal advice and actual court-ordered alimony may differ. Consult a licensed Arkansas family law attorney for legal advice regarding your specific situation. Arkansas law has specific rules for alimony calculations based on statutory factors under Ark. Code Ann. § 9-12-312.

Important Legal Provisions & Termination Rules

Automatic Termination of Alimony
Arkansas Code § 9-12-312(a)(2)

Under Arkansas law, alimony automatically ceases upon the earliest of the following events:

  • The remarriage of the person receiving alimony.
  • The establishment of a relationship that produces a child and results in a court order for the recipient to pay or receive child support from another person (considered equivalent to remarriage).
  • The recipient living full time with another person in an intimate, cohabitating relationship.
  • The death of either party.
  • Any other specific contingency set forth in the original court order.
Rehabilitative Alimony Requirements
Arkansas Code § 9-12-312(b)

When rehabilitative alimony is requested, the court may require the recipient to provide a rehabilitation plan. The court will consider the plan's feasibility when determining the amount and duration of the award. If the recipient fails to meet the plan's requirements, the payor may petition the court for a review to modify or terminate the alimony.

Modification of Alimony
Arkansas Code § 9-12-312(a)(7)

Both the person paying alimony and the person receiving it are entitled to petition the court for a review or modification of the alimony order at any time based upon a significant and material change of circumstances.

Modifying Alimony in Arkansas

Arkansas law allows for modification of alimony under certain circumstances. Here's the process for requesting a modification:

Grounds for Modification

Under Arkansas Code § 9-12-312, alimony can be modified for:

A substantial and continuing change in circumstances
Remarriage of the recipient spouse
Payor's retirement at a reasonable age
Recipient's improved earning capacity
Disability or health issues affecting earning capacity

Modification Process

File a Petition: Submit a Petition for Modification to the court that issued the original order.
Serve Notice: Legally notify the other party using certified mail or a process server.
Gather Evidence: Collect documentation supporting the change (tax returns, pay stubs, medical records).
Mediation: Many Arkansas courts require mediation before a hearing.
Court Hearing: If unresolved, present evidence to the court for a decision.

Important Considerations

Modifications are not retroactive - they only apply from the filing date forward.
Never stop paying alimony without court approval - you risk contempt charges.
Arkansas requires a "substantial and continuing" change in circumstances.
Retirement modifications typically require the payer to be at least 65 years old.

Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.

Arkansas Spousal Support FAQs

What types of alimony exist in Arkansas?

Arkansas recognizes several types of alimony:

  • Temporary Alimony: Paid during divorce proceedings
  • Rehabilitative Alimony: For education/training to become self-supporting. The court may require a rehabilitation plan.
  • Permanent Alimony: For long-term needs after divorce, less common and often for long marriages

Arkansas Code § 9-12-312

How is alimony calculated in Arkansas?

Arkansas uses statutory factors rather than a strict formula:

  1. Recipient's financial needs
  2. Payor's ability to pay
  3. Duration of marriage
  4. Standard of living during marriage
  5. Age, health, and employability of both parties
  6. Child support obligations

Important: There is no fixed mathematical formula. Judges have significant discretion.

Arkansas Code § 9-12-312

How does child support affect alimony in Arkansas?

Child support obligations are a key factor courts consider when determining a payor's ability to pay alimony.

Recent Change: Arkansas child support is now calculated using an Income Shares Model (effective 2020), where the combined income of both parents is used to determine the total child support obligation. This amount is then proportionally assigned to each parent. Any existing child support payment will affect the payer's available income for alimony.

Arkansas Code § 9-12-312 & Administrative Order No. 10

Are alimony payments taxable?

Federal Tax (Current Law): For divorce or separation agreements executed after December 31, 2018, alimony payments are NOT deductible by the payor and are NOT included in the taxable income of the recipient.

Arkansas State Tax: Arkansas state income tax law has not conformed to this federal change. For Arkansas tax purposes, alimony typically remains deductible for the payer and taxable for the recipient. Always consult a tax professional for your specific situation.

IRC §71, Arkansas Code § 9-12-312(b)

When does alimony end in Arkansas?

Alimony automatically terminates upon the earliest of:

  • Remarriage of the recipient.
  • The recipient living full time with another person in an intimate, cohabitating relationship.
  • Death of either party.
  • Expiration of a time-limited (rehabilitative) award.
  • A specific date or event stated in the court order.

Modification or termination can also occur upon a significant and material change in circumstances.

Arkansas Code § 9-12-312(a)(2), (a)(7)

How does fault affect alimony in Arkansas?

Arkansas is a fault-based divorce state, and fault may be considered by the court when making alimony decisions.

Factors like adultery, cruelty, or indignities could influence the court's ruling on whether to award alimony and in what amount, particularly if the fault had an economic impact on the marriage.

Arkansas Code § 9-12-312

What's the difference between alimony and spousal support in Arkansas?

In Arkansas, the terms "alimony" and "spousal support" are generally used interchangeably in statutes and legal practice.

The key distinction is usually based on timing:

Temporary Support (Maintenance):

  • Paid during the divorce proceedings
  • Ends when the divorce is finalized or as ordered

Post-Divorce Alimony:

  • Rehabilitative or permanent support ordered in the final decree
  • Governed by the factors in § 9-12-312

Arkansas Code § 9-12-312

How does retirement affect alimony in Arkansas?

Retirement can be grounds for modifying alimony:

  • The payor may petition to modify or terminate alimony upon retirement.
  • The court will examine if the retirement is reasonable (e.g., at a typical retirement age).
  • The recipient's ongoing financial needs are still considered.
  • Early or voluntary retirement may not justify termination if the payor can still work.

Both parties can petition for modification based on a significant change in circumstances.

Arkansas Code § 9-12-312(a)(7)

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