What Is Alimony in Arkansas?
Alimony is not a component of any divorce action and it does not have to be requested by either party. Alimony is only ordered when the Court believes there is a need for it. While alimony is not part of the codified law in Arkansas, it is part of Arkansas common law. Alimony is also sometimes referred to as spousal support, spousal maintenance, or alimony pendente lite (alimony during the pendency of the suit).
The purpose of alimony is to ensure that both parties have a similar standard of living following the divorce. In an ideal world, alimony would leave both parties in the same financial situation post-divorce. However, as many people find out, there is no such thing as an ideal world when it comes to divorce . While most divorces involve two relatively equal incomes, and while couples often share several assets that can divide equally, a minority of cases involve one spouse with a significantly larger income and assets than the other. The disparity in income and assets from these unequal couples can be a factor leading to alimony in North Little Rock before divorce is final. However, alimony does not exist because one spouse is wealthier than the other, nor does it apply to make up for perceived shortcomings or perceived wrongdoings.
Alimony is a complicated concept, one that varies wildly from one case to another. While the primary focus is on the needs of the recipient and the ability of the payor, many other factors are considered. There is no defined formula for the determination of alimony in Arkansas. General factors the court will consider include:
Categories of Alimony in Arkansas
Alimony comes in different forms. Not all alimony fits every situation. The needs of the spouse seeking support and the ability of the other spouse to pay, among other things, impact the amount, duration, and type of alimony awarded.
Temporary Alimony: Sometimes the courts award temporary alimony to a spouse who is financially dependent on the other spouse. The dependent spouse must be unable, without the aid from the other spouse, to support himself or herself adequately. When temporary alimony is awarded, the amount and the duration will be as short as is necessary for the dependent spouse to gain the ability to support himself or herself ("period of rehabilitation"). The Arkansas rules of civil procedure allow temporary alimony to continue throughout the entire litigation.
Permanent Alimony: Permanent alimony is generally awarded when the court believes that no shorter time period will suffice for the dependent spouse to rehabilitate him or herself. With permanent alimony, the dependent spouse is not expected to attempt to rehabilitate himself or herself. Permanent alimony is a continuous payment until something changes (like the death of the payor-spouse). Courts have discretion on the amount and duration of permanent alimony. Importantly, judges do not seem to be awarding permanent alimony as much anymore. Permanent alimony amounts are also often left for the families to decide (rather than judges).
Rehabilitative Alimony: The purpose of rehabilitative alimony is to help the dependent spouse get the education, training, or employment necessary to become self-sufficient. Rehabilitative alimony is a type of temporary alimony.
Lump-Sum Alimony: Lump-sum alimony is usually a fixed amount that is awarded by the court and payable all at once or in installments. Lump-sum alimony is often used to pay out an inheritance from one spouse to the other spouse all at once so that neither spouse will be entitled to require the other to pay alimony. Lump-sum alimony is also used to divide assets such as retirement accounts and other pension plans.
Alimony Factors in Arkansas
Factors Influencing Alimony Decisions in Arkansas
When determining whether to award alimony or what level of alimony to award, the court will consider several different factors. These factors generally include but are not limited to: the financial ability of the payer spouse to pay alimony and the recipient spouse’s need for alimony; the recipient spouse’s age and health; the length of the marriage; the amount and sources of earned and unearned income on both spouses; how property is apportioned between the parties; and taxing consequences." Id.
The length of the marriage is of particular importance to the court because "the court must divide the marital property based on the parties’ assets and debts at the time of decree or divorce…. Because the marital estate will be divided at that time, the longer the parties are married, the more property there is to divide after consideration of marital debt. Conversely, the shorter the marriage, the smaller the estate." Id.
The Arkansas Court of Appeals recently addressed the issue of alimony in the case Gatling v. Gatling, 2018 Ark App 13 (2018). In Gatling, the parties were married for ten (10) months, and were living separate and apart but not divorced when husband died. At the time of death, wife filed an action asking the court to, among other things, divide the parties’ marital property and award her alimony. Id. The trial court determined that the parties’ assets were "too tied up" to find a means to adjudicate them, but the court did award wife $5,000 per month for 18 months, for a total of $90,000. Id. On appeal, the Court of Appeals held that the trial court had not abused its discretion in awarding wife $90,000 over an 18-month period because it was not foreseeable that the marriage would "terminate so quickly," and wife was unemployed and had to sell her home in order to maintain a standard of living consistent with her standard of living prior to the marriage. Id. The Court of Appeals further noted that wife had an obligation to mitigate her damages by looking for employment, but that it appeared she was seeking appropriate employment (nursing) at the time of trial." Id.
If you are seeking alimony from your spouse, or believe that your spouse is going to ask you for alimony, sit down with an experienced family law attorney who will examine your specific circumstances and the surrounding facts to determine what might be expected in your case.
Alimony Modifications in Arkansas
Modification or Termination of Alimony
Like child custody and support, alimony awards may be modified or terminated based on changed circumstances of the parties. Arkansas law recognizes that events may occur after the entry of the divorce decree that render a change in the alimony award proper. Generally, the income of the payor spouse must be effectively decreased before the award may be reduced. However, any significant change in the actual net income of either party or a decrease in the cost of living may provide justification for a change in the award. Because of the flexibility granted the courts, the burden of proving the for modification is on the spouse making the request. If a spouse entitled to alimony remarries, any right to alimony by such a spouse terminates, even if the divorce decree does not so state. The theory is that the spouse is being supported by the new spouse, although the courts are required to determine whether the nre marriage is bona fide and not a subterfuge designed to rip off the payor spouse. Similarly, most courts don’t provide that alimony automatically terminates when the payor spouse reaches retirement age. Upon retirement, however, the alimony may be reviewed and possibly adjusted based on the payor spouse’s income at that time. Because alimony awards are determined on a case-by-case basis, a spouse making a request for modification should obtain separate legal advice.
The Alimony Legal Process in Arkansas
The legal process for a claim for alimony in Arkansas begins with a petition or request for relief in the Circuit Court of the county in which the spouse requesting alimony resides. Once filed, an opposing party will have thirty days to respond to the petition for relief. In the event that the petition is not contested, a client can often obtain an alimony award by default. If the petition is contested, hearings are held and evidence is presented.
Evidence concerning the following matters may be introduced: When a determination of whether alimony is appropriate or what amount of alimony may be awarded, two statutes, A.C.A. 9-12-312 and 9-12-315, must be consulted and applied. Once a petition for divorce has been filed , the court may award temporary alimony pending the divorce proceeding.
Alimony may terminate upon any of the following events: After a petition for alimony has been filed, hearings are conducted and a trial is held to determine whether alimony is appropriate. Often these hearings or trials are conducted over the course of several days. Evidence is introduced with reference to the needs of the requesting spouse and the ability of the other spouse to pay support. Arguments are made by counsel concerning the same evidence whether it supports the requesting spouse or the other spouse. Finally, the judge will announce a decision concerning the award of alimony or the amount of alimony awarded.
Arkansas Alimony FAQs
Do you automatically get alimony if you are married a long time? No, there is no automatic right to receive alimony. The long term of marriage is merely a factor the court will consider. In some cases, economic circumstances may prohibit the court from awarding alimony.
Do I have to be the dependent spouse to get alimony? No, the spouse requesting alimony does not have to be dependent. Both spouses are asked to provide financial disclosures and the court looks at all the circumstances including assets, liabilities and earning potential.
How do I get the court to award me alimony? A request for alimony is generally made in the pleadings you file to start the divorce process. The court can also make an alimony award at trial or during an emergency hearing if you can show that you need immediate assistance from the court.
My spouse is threatening to not pay alimony. What are my options? You can file a contempt citation with the court asking it to enforce the order for alimony.
My spouse is threatening to quit his/her job to avoid paying alimony. Why should my spouse have to pay me alimony? Since Arkansas is a no fault divorce state and the focus is on the needs of the parties, your spouse can voluntarily quit employment; however, depending on the circumstances, the court may impute income.
I’ve been married 25 years. Do I have an automatic right to half of everything? No. Arkansas is not a community property state. Arkansas follows equitable distribution principles. Factors the court considers in dividing property include: You don’t have to wait until you file for divorce to start gathering the information regarding assets. Most likely, you have access to all the bank accounts, loans, etc.
What do I need to prove alimony? There are different factors the court will look at for permanent alimony. Permanent alimony is based on need and the ability to pay. It includes factors such as: the ability of the payor spouse to pay alimony; the recipient spouse’s financial need; that the recipient spouse lacks the resources or ability to support himself/herself; the duration of the marriage; the time necessary for the recipient spouse to obtain adequate education or training to enable him/her to find appropriate employment; the standard of living of the parties during the marriage; the value of the marital property awarded to the recipient spouse; the age and physical and emotional health of the parties; and the tax consequences on each party. There are different factors the court will look at for short term alimony. Generally, short term alimony is a rehabilitative alimony design to help the dependent spouse become self-supporting. A spouse requesting rehabilitative alimony must show that he/she is not rehabilitated. Some examples of factors the court will consider: the age of the parties; the health of the parties; the length of marriage; the amount and nature of the income of each party; the source of any potential income of a party; the vocational skills and employability of the spouse seeking alimony; the amount and sources of other income of the spouse seeking alimony; any payee spouse’s ability to meet the expenses attending rehabilitation; the federal income tax consequences of the award; and the time necessary for the recipient to pursue and complete education or training necessary for gainful employment and the feasibility of this rehabilitation plan in terms of the recipient’s present and foreseeable future financial condition.
Arkansas Attorneys for Alimony
Securing the assistance of a qualified family law attorney is essential for those seeking alimony in Arkansas. It is strongly recommended that individuals speak with an experienced lawyer in their area about alimony eligibility and how to present the most compelling case for alimony before the court. Alimony requests are commonly contested by the requesting spouse’s ex, and when handled incorrectly, the process can become long and costly. For this reason , speaking with a qualified lawyer at the outset of an alimony case is imperative.
A simple online search for family law firms in Arkansas may yield many options in terms of selecting a qualified family lawyer. Those with specific needs such as veterans who need a VA benefits attorney or military families who need a military divorce lawyer should consider narrowing their search by practicing focus areas. After finding an attorney, potential clients should schedule a consultation to determine whether the lawyer is a good fit for his or her individual situation. A client may also ask potential attorneys for references, which is standard for most law firms.
