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Arkansas Alimony Guide

Arkansas judges decide alimony case by case, mainly on one spouse’s need and the other’s ability to pay. There is no formula, and a 2013 law sets when alimony ends automatically.

Reviewed by SupportDecode Editorial Team Page content reviewed Sources Methodology Update log

alimony guide

No statewide dollar formula

No invented award amount

No responsible dollar estimate is available

AR sets alimony by judicial discretion; there is no statutory formula. Courts weigh the enumerated factors below.

Factors the court weighs instead

  1. 1Receiving spouse’s financial need
  2. 2Paying spouse’s ability to pay
  3. 3Financial circumstances of both parties
  4. 4Couple’s past standard of living
  5. 5Value of jointly owned property
  6. 6Amount and nature of current and anticipated income
  7. 7Resources and assets of each party
  8. 8Spendable income of each party
  9. 9Earning ability and capacity of each party
  10. 10Property awarded or given to either party
  11. 11Disposition of the homestead or jointly owned property
  12. 12Health and medical needs of both spouses
  13. 13Duration of the marriage
  14. 14Amount of child support

Arkansas appellate case law (Foster v. Foster, 2016 Ark. 456), as summarized by the Administrative Office of the Courts

Duration limits

  • Rehabilitative installments: Fixed installments for a specified period are authorized concerning rehabilitation; the payer may request, or the court may require, a rehabilitation plan.
  • Automatic termination: Unless the order or agreement says otherwise, alimony ends on the recipient’s remarriage, full-time intimate cohabitation, the death of either party, a qualifying new-child support order, or any other contingency in the order.
  • Modification: Either the payer or the recipient may petition for review or modification at any time based on a significant and material change of circumstances.

Ark. Code Ann. § 9-12-312(a)(2), (a)(7), and (b), as rewritten by Act 1487 of 2013

Assumptions

  • This tool does not estimate a dollar amount for discretionary states: any number would be invented.
  • Arkansas uses need and ability to pay rather than a mandatory dollar formula; appellate courts hold that the amount should not be reduced to a mathematical formula.

Estimate only. The court or state agency calculation controls.

Arkansas alimony under Ark. Code Ann. § 9-12-312 (as rewritten by Act 1487 of 2013).

Need and ability to pay are central

Under Ark. Code § 9-12-312, as rewritten by Act 1487 of 2013, a court entering a divorce decree decides whether alimony applies and orders what is reasonable from the parties’ circumstances and the nature of the case. Alimony is discretionary, not mandatory.

Arkansas courts treat the financial need of one spouse and the other spouse’s ability to pay as the primary factors. They also weigh twelve secondary factors, including each spouse’s finances and income, the past standard of living, property awarded, earning capacity, health and medical needs, the length of the marriage, and child support.

The Arkansas Supreme Court has said the amount should not be reduced to a mathematical formula, because flexibility matters more than certainty (Kuchmas v. Kuchmas, 2006). Fault counts only if it meaningfully relates to need or ability to pay.

Since 2013, unless the order or agreement says otherwise, alimony ends automatically on the recipient’s remarriage, full-time intimate cohabitation, the death of either party, a qualifying new-child support order, or any other event the order lists.

Statute
Ark. Code § 9-12-312, rewritten by Act 1487 of 2013source
Dollar formula
Nonesource
Primary factors
Need and ability to paysource
Fixed installments
Tied to rehabilitation since 2013source
Ends automatically
Remarriage, full-time cohabitation, death, or listed contingenciessource
Modification
Either party, on a significant and material changesource

Document need, ability, and resources

Build two budgets: the recipient’s reasonable needs and the payer’s income and expenses. Then gather evidence for the secondary factors, such as health records, property values, and the marital standard of living.

If rehabilitative alimony is at issue, prepare a plan. The payer may ask for one, or the judge may require it, to decide whether the plan is workable and how much and how long to award.

This is a factor organizer, not a prediction.

What this estimate includes

  • Statutory authority and the 2013 end events
  • Need, ability, and secondary factors
  • Rehabilitation plans and modification rules

What it leaves out

  • Dollar result
  • Case outcome

Arkansas alimony guide FAQs

Does Arkansas have an alimony calculator formula?

No. Arkansas courts hold that the amount should not be reduced to a mathematical formula because the need for flexibility outweighs certainty. Any award must be reasonable under all the circumstances.

Can either spouse receive alimony?

Yes. Courts have awarded alimony to husbands as well as wives, for example to a husband who was unemployed, 57 years old, and in declining health (Mearns v. Mearns, 1997).

How long does alimony last in Arkansas?

No statute caps it. Rehabilitative alimony runs for a short, set period and ends when the recipient, making reasonable efforts, can support themselves, while other awards can last for life. A 2023 bill to cap alimony at half the length of the marriage, HB 1792, failed in the House.

What is rehabilitative alimony?

Support in fixed installments for a set period, aimed at helping the recipient become self-supporting. The payer can ask for, or the court can require, a rehabilitation plan. A plan is not mandatory, and if the recipient does not follow one, the payer can ask the court to continue or change the award.

When does alimony end automatically?

Unless the order or agreement says otherwise: on the recipient’s remarriage, living full time with another person in an intimate, cohabiting relationship, the death of either party, a new relationship that produces a child and a support order, or any other event the order lists. The payer’s estate still owes past-due alimony.

Can alimony be changed later?

Yes. Since 2013, either the payer or the recipient can ask the court to review or modify alimony at any time based on a significant and material change of circumstances. The person asking must prove the change. Alimony set by an independent contract made part of the decree can be changed only with both parties’ consent.

Does fault matter?

Only when it meaningfully relates to need or ability to pay. Arkansas courts say alimony is not a reward to one spouse or a punishment of the other.

Can I get temporary support during the divorce?

Yes. While a divorce is pending, the court may order a reasonable sum for the support of either spouse, and it may also award reasonable attorney fees.

What if alimony is not paid?

In an action to enforce alimony, the court must award attorney’s fees of at least 10 percent of the support amount due, and bankruptcy does not discharge alimony. Alimony can go through the state clearinghouse only if the order also includes child support.

Is alimony taxable?

For federal taxes, alimony paid under a divorce or separation agreement signed after 2018 is not deductible by the payer and is not income to the recipient, according to IRS Topic 452.

Good to know in Arkansas

  • Property division and alimony work together, and a court may use them in combination to make the divorce equitable (Dixon v. Dixon, 2023).
  • A court may reserve the power to award alimony later, without assigning a nominal amount, when one spouse shows need but the other cannot yet pay.
  • Spouses can contract in or out of alimony. In 2024 the Court of Appeals reversed a permanent award where the parties had agreed any alimony would be temporary (Tumey v. Tumey).
  • A court may consider that the paying spouse voluntarily changed jobs in a way that lowers earning capacity.

Official sources

Official sources last verified: .

Changelog: page reviewed . Material changes appear in the update log.