Benefits

• Spouses sometimes decide that they want to live separately, but choose not to get divorced. Legal separation allows spouses in Arkansas to exercise that option. Spouses also might choose legal separation because divorce is against their religion. Additionally, Arkansas has a three-month waiting period before a court will finalize a divorce. In order to begin their separate lives without waiting for that statutory period, spouses can obtain a legal separation instead. Spouses who want to ensure that one spouse will continue to be covered under the other's medical insurance also use legal separation instead of divorce. Lastly, because spouses still remain married, legal separation often facilitates reconciliation between the parties.
  
  

Dividing Marital Assets

• When spouses are separating in Arkansas, their marital assets must be divided between them. Arkansas is an "equitable distribution" state, which means that property is divided fairly, but not necessarily equally. However, Arkansas courts generally award each spouse one-half of the marital property. Courts only deviate from this if one spouse claims such distribution is unreasonable. In that case, a court will consider each spouse's age and health, the duration of the marriage, each spouse's income or ability to earn income and each spouse's contribution to the marriage, including as a parent or homemaker.
  
  

Spousal Support

• Spousal support is not awarded in every separation or divorce proceeding. In Arkansas, if a court finds that one spouse is considerably weaker financially, the court can award spousal support on a temporary or permanent basis depending on the receiving spouse's need. If spousal support is awarded permanently, it will only terminate early if either spouse dies, the receiving spouse remarries or the receiving spouse gives birth to a child by another man, constituting a relationship equivalent to remarriage.
  
  

Child Custody

• Because the spouses will be living separately and apart, a court must also determine which parent will be awarded custody of any children. In Arkansas, custody is awarded based on the "best interests of the child" standard. Factors examined include: the child's preference, if a court determines that the child is able to provide it; any history of domestic violence by either parent; and the role each parent played in the child's upbringing so far, including which parent is the child's primary caregiver. A court cannot give preference to either parent based on the parents' gender or the gender of the child.
  
  

Child Support

• Both parents are required to financially support their child until the child is 18 years old. Support is determined based on the parents' total income. The support amount is then increased depending on the number of children requiring support. The final amount is proportioned between the parents according to each parent's percentage of the total income. Lastly, the court issues an order requiring the non-custodial parent to pay his or her portion to the parent with custody of the children.