Temporary Alimony During Divorce in Arkansas: 2026 Complete Guide
By Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Arkansas divorce law
Temporary alimony in Arkansas, known legally as pendente lite support, is court-ordered spousal support paid while a divorce case is pending. Under Ark. Code § 9-12-309, Arkansas circuit courts may award temporary alimony, attorney's fees, and maintenance during the divorce process, typically within 30 to 60 days of filing a motion. The filing fee for divorce in Arkansas is $165 as of January 2026. Verify with your local clerk.
Key Facts: Arkansas Temporary Alimony (2026)
| Factor | Arkansas Rule |
|---|---|
| Filing Fee | $165 (circuit court) |
| Waiting Period | 30 days minimum before decree |
| Residency Requirement | 60 days before filing, 3 months before decree |
| Grounds | 18-month separation, general indignities, adultery, felony, cruelty, impotence, habitual drunkenness |
| Property Division | Equitable distribution (presumption of 50/50) |
| Temporary Alimony Statute | Ark. Code § 9-12-309 |
| Typical Duration | From filing until final decree (3-18 months) |
| Motion Hearing Timeline | 30-60 days after filing |
What Is Temporary Alimony in Arkansas?
Temporary alimony in Arkansas is financial support paid by one spouse to the other during the pendency of a divorce, authorized under Ark. Code § 9-12-309. Arkansas circuit courts award pendente lite support to maintain the status quo and prevent economic hardship while litigation proceeds, typically covering 3 to 18 months between filing and final decree. Courts may also order payment of attorney fees and suit costs during this period.
The term "pendente lite" is Latin for "pending the litigation," and it refers exclusively to support orders that take effect during the divorce case and terminate when the final decree is entered. Arkansas law distinguishes temporary alimony from three other forms of post-decree support: rehabilitative alimony (designed to help a spouse become self-supporting), permanent alimony (rare in Arkansas, reserved for long marriages), and reimbursement alimony (compensating a spouse who supported the other through education). Under Ark. Code § 9-12-312, all forms of alimony terminate upon the recipient's remarriage or the establishment of a relationship that produces a child with another person.
Arkansas courts have broad discretion when awarding temporary support. Unlike child support, which follows rigid Administrative Order No. 10 guidelines, temporary alimony calculations depend on judicial analysis of need versus ability to pay. The Arkansas Supreme Court established in Mulling v. Mulling, 323 Ark. 88 (1996), that the primary factors are the financial circumstances of both parties and the couple's standard of living during marriage.
How Do You Request Temporary Alimony in Arkansas?
To request temporary alimony in Arkansas, you must file a Motion for Temporary Support with the circuit court where your divorce is pending, supported by an Affidavit of Financial Means listing income, expenses, assets, and debts. The filing fee for the motion is typically $0 to $50 in most counties, with hearings scheduled 30 to 60 days after filing under local rules of procedure.
The process begins when the divorce complaint is filed in the circuit court of the county where either spouse resides. Under Ark. Code § 9-12-307, the plaintiff must have lived in Arkansas for 60 days before filing and 3 full months before the final decree is entered. Once the complaint and summons are served, either party may file a Motion for Temporary Relief seeking alimony, child support, exclusive use of the marital home, and payment of marital debts pending final resolution. The motion must be accompanied by a sworn financial affidavit detailing monthly gross income, net income, fixed expenses, variable expenses, and all marital assets and liabilities.
Arkansas Rule of Civil Procedure 65 governs temporary relief hearings, and judges in the 28 judicial districts generally require 10 to 14 days notice before hearing. At the hearing, both spouses testify, exchange financial affidavits, and present evidence such as pay stubs, tax returns, bank statements, and itemized budgets. The judge issues a temporary order that remains in effect until the final divorce decree or until modified by further court order.
What Factors Do Arkansas Courts Consider?
Arkansas courts consider nine primary factors when determining temporary alimony, established through case law including Mitchell v. Mitchell, 61 Ark. App. 88 (1998). The two most important factors are the recipient spouse's financial need and the paying spouse's ability to pay, with courts typically awarding 20% to 40% of the income disparity between spouses as temporary support pending final hearing.
The full list of factors Arkansas circuit courts weigh includes: (1) the financial circumstances of both parties, (2) the couple's past standard of living, (3) the value of jointly owned property, (4) the amount and nature of each party's income (both current and anticipated), (5) the extent and nature of each party's resources and assets, (6) the amount of income of each party that is "spendable," (7) the earning ability and capacity of each party, (8) the disposition of the homestead or jointly owned property, and (9) the condition of health and medical needs of each party. Arkansas does not use a statutory formula, making judicial discretion central to every award.
The Arkansas Court of Appeals clarified in Valetutti v. Valetutti, 95 Ark. App. 83 (2006), that temporary alimony need not maintain the exact marital standard of living but should prevent severe economic dislocation during litigation. Judges frequently reference a "need versus ability" framework: the recipient must demonstrate a legitimate shortfall between reasonable monthly expenses and available income, and the obligor must have surplus income after meeting their own reasonable needs.
How Much Temporary Alimony Can You Receive in Arkansas?
Arkansas temporary alimony awards typically range from $500 to $3,500 per month, with most orders falling between $800 and $2,000 monthly based on a 2024 Arkansas Bar Association survey of family law practitioners. Courts generally aim to cover 20% to 40% of the income gap between spouses, though awards in high-asset cases have exceeded $10,000 per month when supported by the paying spouse's ability to pay under Ark. Code § 9-12-309.
Arkansas has no statutory formula for calculating interim spousal support, unlike Tennessee or other formula states. Instead, judges apply a case-by-case analysis weighing both spouses' monthly income against reasonable expenses. A common starting point used by Arkansas family law judges is the 30% rule: take 30% of the difference between the higher earner's net monthly income and the lower earner's net monthly income. For example, if one spouse earns $6,000 net monthly and the other earns $2,000 net monthly, 30% of the $4,000 gap equals $1,200 in potential temporary alimony. This is not binding but provides a negotiation baseline.
The duration of temporary alimony corresponds to the length of the divorce case itself. Arkansas divorces typically last 90 days (uncontested) to 18 months (contested), meaning temporary awards remain in effect for this entire period. According to 2024 Arkansas Administrative Office of the Courts data, the median contested divorce in Arkansas takes 9 months from filing to final decree, while uncontested divorces average 60 to 90 days.
Temporary vs. Permanent Alimony in Arkansas
Temporary alimony in Arkansas terminates automatically when the final divorce decree is entered, while permanent alimony (also called rehabilitative or long-term alimony) continues post-divorce based on the court's final judgment. Under Ark. Code § 9-12-312, Arkansas courts favor rehabilitative alimony limited to a specific term, with permanent alimony awarded in fewer than 15% of Arkansas divorces according to 2023 court data.
| Feature | Temporary (Pendente Lite) | Post-Decree Alimony |
|---|---|---|
| Statute | § 9-12-309 | § 9-12-312 |
| Duration | During divorce case only | Fixed term or indefinite |
| Typical Length | 3-18 months | 1-10+ years |
| Termination | Final decree | Remarriage, cohabitation, death |
| Purpose | Maintain status quo | Rehabilitation or support |
| Modification | Only by further motion | Upon material change in circumstances |
| Tax Treatment | Not deductible (post-2019) | Not deductible (post-2019) |
The Tax Cuts and Jobs Act of 2017 eliminated the federal tax deduction for alimony payments in any divorce finalized after December 31, 2018. This applies to both temporary and permanent alimony in Arkansas. Paying spouses cannot deduct payments, and recipients do not report them as taxable income. Arkansas follows the federal rule for state tax purposes.
Enforcement of Arkansas Temporary Alimony Orders
Arkansas temporary alimony orders are enforceable through civil contempt proceedings under Ark. Code § 9-12-301, with penalties including fines up to $500, jail time up to 6 months, and wage garnishment for persistent nonpayment. Arkansas circuit courts issue contempt findings in approximately 12% of temporary support cases annually based on 2023 Administrative Office of the Courts statistics.
When a paying spouse fails to comply with a temporary alimony order, the recipient may file a Motion for Contempt in the same circuit court that issued the order. The motion must specify the missed payments, total arrearage, and requested relief. Arkansas Rule of Civil Procedure 64 governs contempt proceedings and requires 14 days notice before hearing. At the contempt hearing, the judge can order immediate payment of arrears, award attorney's fees to the filing spouse, impose a daily fine for continued nonpayment, or order incarceration until the obligor purges the contempt by paying what is owed.
Income withholding is the most common enforcement mechanism. Under Ark. Code § 9-14-222, Arkansas courts may order the obligor's employer to deduct support directly from wages. This applies to both child support and temporary alimony, though employers process child support deductions first when combined orders exceed federal withholding limits of 50% to 65% of disposable earnings under the Consumer Credit Protection Act.
Modifying Temporary Alimony Orders
Temporary alimony orders in Arkansas can be modified at any time during the pendency of the divorce upon a showing of material change in circumstances, such as job loss, disability, or a significant income increase. The modifying party must file a Motion to Modify Temporary Support and demonstrate that circumstances have changed substantially since the original order was entered, with hearings typically held 21 to 45 days after filing.
Arkansas case law, including Kuchmas v. Kuchmas, 368 Ark. 43 (2006), establishes that the "material change" standard for temporary orders is less rigorous than for post-decree modifications because temporary orders exist precisely to respond to changing circumstances during litigation. Common grounds for modification include involuntary job loss, a 15% or greater change in either spouse's income, serious illness or disability preventing work, the birth of a new child requiring additional expenses, and significant changes in marital debt obligations.
Costs and Attorney's Fees in Arkansas
The total cost of obtaining temporary alimony in Arkansas ranges from $1,500 to $5,000 in legal fees for the motion and hearing alone, with the $165 court filing fee and $50 service fee as fixed costs. Under Ark. Code § 9-12-309(a)(2), Arkansas courts may order the higher-earning spouse to pay the other party's attorney's fees and costs during the pendency of the case, often called "suit money."
As of January 2026, the Arkansas circuit court filing fee for a divorce complaint is $165, though some counties charge an additional $10 to $25 in local fees. Verify with your local clerk. Service of process by the sheriff typically costs $50, while service by a private process server ranges from $50 to $100. Contested divorces with temporary alimony disputes typically generate $5,000 to $25,000 in total attorney's fees, while uncontested cases with negotiated temporary support average $1,500 to $3,000.
Arkansas judges frequently award interim attorney's fees to the lower-earning spouse to ensure equal access to legal representation during divorce. This is particularly common when one spouse controls the marital finances or when there is a substantial income disparity of 50% or more between the parties.