Arkansas Marital Settlement Agreement
An Arkansas marital settlement agreement lets divorcing spouses divide their marital property and debts, set spousal support, and address custody and child support, then have those terms incorporated into the divorce decree. Attorney review available.
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Introduction
In Arkansas, an equitable-distribution state whose statute starts from a one-half-to-each-party split of marital property unless that would be inequitable (Ark. Code 9-12-315), a marital settlement agreement is the written contract divorcing spouses use to settle how their property, debts, spousal support, and (by reference) custody and child support will be handled, so the terms can be incorporated into the decree that ends the marriage. Arkansas is an equitable-distribution state with a built-in equal-division presumption: when a divorce decree is entered, all marital property is distributed one-half to each party unless the court finds that an equal division would be inequitable (Ark. Code 9-12-315). If a 50/50 split would be inequitable, the court divides the marital property in the proportions it finds fair after weighing statutory factors. An Arkansas marital settlement agreement lets spouses set that division themselves rather than leaving it to the court. Arkansas has no statewide formula for alimony; a court may order spousal support as is reasonable from the circumstances of the parties and the nature of the case (Ark. Code 9-12-312), guided by one spouse's need and the other's ability to pay. Custody and child support follow the Arkansas family support chart (Ark. Code 9-12-312), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Once the spouses sign, the court can approve the agreement and incorporate it into the divorce decree; no decree is granted until at least 30 days after the complaint is filed. DocDraft builds your Arkansas marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In Arkansas, where child support runs off the state family support chart under Administrative Order No. 10 (Ark. Code 9-12-312), a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be incorporated into the decree that ends the marriage.
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Arkansas is an equitable-distribution state with an equal-division presumption: when a divorce decree is entered, all marital property is distributed one-half to each party unless the court finds an equal division to be inequitable (Ark. Code 9-12-315). Arkansas is not a community property state.
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The equal split can be adjusted. If a 50/50 division would be inequitable, the court divides the marital property in the proportions it finds fair after weighing factors such as the length of the marriage, each party's income and needs, and each party's contribution including services as a homemaker. An Arkansas marital settlement agreement lets spouses set the division themselves.
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Arkansas has no statewide formula for alimony. A court may order spousal support as is reasonable from the circumstances of the parties and the nature of the case (Ark. Code 9-12-312), guided mainly by one spouse's need for support and the other's ability to pay. Rehabilitative support for a set period is common.
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Child support follows the Arkansas family support chart (Ark. Code 9-12-312, Administrative Order No. 10). There is a rebuttable presumption that the chart amount is correct, and a court can depart from it only on a written or on-the-record finding that the chart amount would be unjust or inappropriate; custody and child support stay court-approved and modifiable and cannot be bargained away.
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Divorcing spouses may settle their terms in a written agreement and ask the court to approve it and incorporate it into the divorce decree. One spouse must have lived in Arkansas at least 60 days before filing and three months before the decree, and no decree is granted until at least 30 days after the complaint is filed.
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An Arkansas marital settlement agreement must be in writing and signed by both spouses. No Arkansas statute requires the agreement to be notarized, but signing before a notary can help prove the signatures are genuine.
Key decisions before you file
Before you file a Marital Settlement Agreement in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Arkansas Requirements for Marital Settlement Agreement
Equitable Distribution, Equal Presumption
Arkansas is an equitable-distribution state with an equal-division presumption. When a divorce decree is entered, all marital property is distributed one-half to each party unless the court finds that an equal division would be inequitable (Ark. Code 9-12-315). Arkansas is not a community property state.
When the Split Is Adjusted
If an equal division would be inequitable, the court divides the marital property in the proportions it finds fair after weighing factors such as the length of the marriage, the income and needs of each party, and the contribution of each party including services as a homemaker (Ark. Code 9-12-315). A marital settlement agreement lets the spouses set the division and ask the court to approve it.
No Statewide Alimony Formula
Arkansas has no statewide formula for alimony. A court may order spousal support as is reasonable from the circumstances of the parties and the nature of the case (Ark. Code 9-12-312), guided mainly by the need of one spouse for support and the ability of the other to pay. Rehabilitative support for a set period is common.
Child Support Follows the Chart
Child support follows the Arkansas family support chart (Ark. Code 9-12-312, Administrative Order No. 10). There is a rebuttable presumption that the chart amount is correct, and a court may depart only on a written or on-the-record finding that the chart amount would be unjust or inappropriate. Child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in an Arkansas marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Signed
An Arkansas marital settlement agreement must be in writing and signed by both spouses to be an enforceable contract. No Arkansas statute requires notarization, but signing before a notary can help prove the signatures are genuine.
Residency and 30-Day Wait
One spouse must have resided in Arkansas at least 60 days before filing and three months before the decree is entered. No divorce decree is granted until at least 30 days have passed from the date the complaint was filed, and this cooling-off period applies even to uncontested cases.
Incorporation Into the Decree
Once signed, the parties ask the court to approve the agreement and incorporate its terms into the divorce decree so they are enforceable as court orders. The court must still review and approve the decree, and custody and child support terms remain subject to court approval and modification.