Arkansas Legal Separation Agreement
Arkansas has no legal-separation decree by that name. It offers a divorce from bed and board and a separate maintenance action, both of which keep the couple married. Attorney review available.
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Introduction
Arkansas does not offer a court order called a legal separation, so a married couple that wants to formalize living apart without divorcing uses one of three Arkansas paths instead. The first is a divorce from bed and board, an older form of limited divorce: Arkansas gives the circuit court power to dissolve and set aside a marriage contract not only from bed and board, but from the bonds of matrimony, for the statutory causes (Ark. Code 9-12-301(b)). A divorce from bed and board separates the parties and can address support and custody, but it does not dissolve the marriage, so the couple stays legally married and neither may remarry. The second is a separate maintenance action, an equity remedy in which a spouse who is living apart without fault asks the court to order support; Arkansas acknowledges this action and the power to award maintenance (Ark. Code 9-12-309), but a separate maintenance case does not divide marital property. The third, and the one most couples actually sign, is a private written separation agreement in which the spouses settle support, debts, property, and parenting by contract while they remain married. Arkansas requires residence by either party for sixty days before an action is commenced and three full months before a final decree, and no divorce decree issues until at least thirty days after the complaint is filed (Ark. Code 9-12-307). Because the property and support terms are the same ones used in a divorce, they belong in an Arkansas Marital Settlement Agreement; if you decide to end the marriage, an 18-month separation is itself a ground for absolute divorce, and the pleading that starts it is an Arkansas Divorce Petition. DocDraft builds your Arkansas separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Arkansas does not have a court order called a legal separation. The Arkansas vehicles are a divorce from bed and board (a limited divorce), a separate maintenance action for support, and a private written separation agreement, none of which by name is a legal separation decree.
- 2
A divorce from bed and board is a limited divorce: the circuit court can dissolve a marriage not only from bed and board but from the bonds of matrimony for the statutory causes (Ark. Code 9-12-301(b)). A bed-and-board decree separates the parties but does not dissolve the marriage, so neither may remarry.
- 3
A separate maintenance action is an equity remedy in which a spouse living apart without fault asks the court to order support; Arkansas acknowledges the action and the power to award maintenance (Ark. Code 9-12-309). It does not divide marital property.
- 4
Most Arkansas couples who want to stay married but live apart sign a private written separation agreement, a contract settling support, debts, property, and parenting while the marriage continues.
- 5
Arkansas requires residence by either party for sixty days before an action is commenced and three full months before a final decree, and no divorce decree issues until at least thirty days after the complaint is filed (Ark. Code 9-12-307).
- 6
Living apart under an Arkansas separation agreement can lead to a divorce: after the couple has lived separate and apart for eighteen continuous months, either party may obtain an absolute decree of divorce (Ark. Code 9-12-301(b)).
- 7
Couples choose to separate rather than divorce in Arkansas to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, or for religious reasons.
Key decisions before you file
Before you file a Legal Separation Agreement in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Arkansas Requirements for Legal Separation Agreement
No Legal-Separation Decree by That Name
Arkansas has no court order called a legal separation. The couple stays married and uses a divorce from bed and board, a separate maintenance action, or a private written separation agreement instead. None of these dissolves the marriage, so neither spouse may remarry.
Divorce From Bed and Board (Limited Divorce)
The circuit court has power to dissolve a marriage not only from bed and board, but from the bonds of matrimony, for the statutory causes (Ark. Code 9-12-301(b)). A bed-and-board decree separates the parties and can address support and custody but does not dissolve the marriage.
Separate Maintenance Action
A spouse living apart without fault may ask the court to order support through a separate maintenance action; Arkansas acknowledges the action and the power to award maintenance (Ark. Code 9-12-309). A separate maintenance case does not divide marital property.
Private Written Separation Agreement
Most couples who want to stay married but live apart sign a private written separation agreement, a contract settling support, debts, property, and parenting while the marriage continues. It fixes rights between the spouses without a court decree changing marital status.
Residency and Waiting Period
For a court action, Arkansas requires residence by either party for sixty days before commencement and three full months before the final decree, and no decree issues until at least thirty days after the complaint is filed (Ark. Code 9-12-307).
Eighteen-Month Route to Absolute Divorce
After the parties have lived separate and apart for eighteen continuous months without cohabitation, either party may obtain an absolute decree of divorce (Ark. Code 9-12-301(b)). A separation agreement or bed-and-board decree does not block a later absolute divorce.
Property Division Kept in the Settlement
Arkansas divides marital property, generally one-half to each party unless the court finds that inequitable. Because a separate maintenance action does not divide property, settle property and debts in an Arkansas marital settlement agreement rather than in the separation itself.
Reasons to Separate Rather Than Divorce
Staying married but living apart can preserve a spouse's health insurance, help reach the ten-year mark for certain military and Social Security benefits, or serve religious reasons. Confirm insurance effects with the plan, since many treat a separation like a divorce.