Arkansas courts award four distinct types of alimony under Ark. Code § 9-12-312: rehabilitative alimony (approximately 70% of all awards), temporary alimony, permanent alimony, and alimony in solido (lump sum). Rehabilitative alimony is the most frequently ordered form, typically lasting 6 months to 5 years while the recipient pursues education or job training toward self-sufficiency. Median alimony payments in Arkansas range from $400 to $1,200 per month, though high-income cases can result in significantly larger awards. Unlike many other states, Arkansas does not use a statutory formula to calculate spousal support—courts have broad judicial discretion to determine awards based on the recipient's financial need and the payer's ability to pay.
Key Facts: Arkansas Alimony at a Glance
| Category | Details |
|---|---|
| Filing Fee | $165-$185 (varies by county). As of May 2026. Verify with your local clerk. |
| Waiting Period | 30 days minimum after filing; 3 months residency before final decree |
| Residency Requirement | 60 days before filing; 3 months before final judgment (Ark. Code § 9-12-307) |
| Grounds for Divorce | No-fault (18 months separation) or fault-based (adultery, cruelty, felony conviction) |
| Property Division | Equitable distribution with 50/50 presumption (Ark. Code § 9-12-315) |
| Alimony Formula | No statutory formula—judicial discretion under Ark. Code § 9-12-312 |
| Most Common Alimony Type | Rehabilitative (70% of awards) |
| Typical Duration | 1 year of support per 3 years of marriage (guideline only) |
| Automatic Termination | Remarriage or full-time cohabitation |
What Is Alimony in Arkansas?
Alimony in Arkansas is court-ordered financial support that one spouse pays to the other during or after divorce proceedings under Ark. Code § 9-12-312. Arkansas courts award alimony based on two primary factors: the requesting spouse's demonstrated financial need and the paying spouse's ability to provide support. Unlike child support, which follows the Income Shares Model formula under Ark. Code § 9-14-106, alimony calculations in Arkansas remain within the trial court's broad discretion with no statutory formula required.
Arkansas law permits either spouse to request alimony regardless of gender. The Arkansas Supreme Court has consistently held that spousal support determinations must be gender-neutral, focusing solely on financial circumstances rather than traditional marital roles. Courts evaluate both spouses' income, assets, debts, earning capacity, and contributions to the marriage when determining whether alimony is appropriate and, if so, in what amount and for what duration.
Rehabilitative Alimony: The Most Common Type in Arkansas
Rehabilitativealimony is the most frequently awarded form of spousal support in Arkansas, accounting for approximately 70% of all alimony orders in the state. This type of support provides temporary financial assistance while the recipient obtains education, training, or work experience necessary to become self-supporting. Under Ark. Code § 9-12-312, courts may require the recipient to submit a detailed rehabilitation plan outlining their path to financial independence, including specific educational programs, vocational training, or employment goals.
Arkansas courts typically award rehabilitative alimony for periods ranging from 6 months to 5 years, with the exact duration tied to the time reasonably necessary for the recipient to complete their rehabilitation plan. If the recipient fails to follow their rehabilitation plan—such as dropping out of school or refusing suitable employment—the paying spouse may petition the court for review and potential modification or termination of support. Courts generally apply a guideline of 1 year of alimony for every 3 years of marriage, though judges retain full discretion to deviate from this benchmark based on the specific circumstances of each case.
The rehabilitation plan may include obtaining a college degree (2-4 years), completing vocational certification programs (6 months to 2 years), or gaining sufficient work experience to secure employment at a self-supporting income level. Courts expect recipients to make good-faith efforts toward self-sufficiency, and failure to comply with the plan's requirements constitutes grounds for modification or termination of support.
Temporary Alimony (Pendente Lite)
Temporary alimony, also known as pendente lite support, provides financial assistance to the lower-earning spouse while the divorce case is pending before the court. Arkansas circuit courts can order temporary alimony at the initial hearing or preliminary conference, and payments continue until the court enters the final divorce decree. Temporary alimony addresses immediate financial needs—such as housing, utilities, and living expenses—that arise when spouses separate but before the court can make permanent support determinations.
Arkansas courts typically order temporary alimony within 30-60 days of the initial filing if the requesting spouse demonstrates immediate financial need and the other spouse has the ability to pay. The most commonly used negotiation benchmark for temporary support calculates 40% of the higher earner's net monthly income minus 50% of the lower earner's net monthly income, though Arkansas courts are not bound by any formula and retain full discretion.
Temporary alimony terminates automatically upon entry of the final divorce decree, at which point the court may convert the award to rehabilitative, permanent, or lump-sum alimony—or terminate support entirely. Temporary alimony orders do not bind the court's final determination, meaning the permanent alimony award may differ significantly from the temporary amount.
Permanent Alimony in Arkansas
Permanent alimony is increasingly rare in Arkansas courts, generally reserved for long-term marriages (typically 20+ years) where the requesting spouse cannot become self-supporting due to age, disability, or other significant barriers to employment. Unlike rehabilitative alimony, permanent alimony has no predetermined end date and continues indefinitely until modified by court order or terminated by operation of law—such as the recipient's remarriage, death of either party, or the recipient's full-time cohabitation with a new partner.
Arkansas courts award permanent alimony only when the evidence demonstrates that the recipient spouse has exhausted rehabilitation options or that rehabilitation is not feasible given the spouse's circumstances. Factors supporting a permanent alimony award include advanced age (typically over 55), chronic health conditions or disabilities, decades out of the workforce, and obsolete job skills that cannot reasonably be updated. Courts may also consider whether one spouse sacrificed career opportunities to support the other's professional advancement or to care for children during a lengthy marriage.
Even permanent alimony remains subject to modification upon a showing of significant and material change in circumstances. The paying spouse may petition for modification if they experience involuntary job loss, disability, or retirement, while the recipient may seek increased support if their financial circumstances worsen beyond their control.
Alimony in Solido (Lump-Sum Alimony)
Alimony in solido, also known as lump-sum alimony, is a one-time payment of a fixed sum rather than ongoing periodic payments. This form of spousal support in Arkansas differs fundamentally from other types of alimony because it cannot be modified once ordered—regardless of any subsequent changes in either party's circumstances. Courts award alimony in solido when both parties prefer a clean break, when the paying spouse has significant liquid assets, or when concerns exist about the paying spouse's reliability in making ongoing payments.
Lump-sum alimony may be paid as a single cash payment, through transfer of property, or in scheduled installments over a defined period. Unlike rehabilitative or permanent alimony, alimony in solido does not automatically terminate upon the recipient's remarriage or cohabitation—the obligation is fixed at the time of the divorce decree and cannot be changed. The amount typically considers the recipient's projected long-term financial needs discounted to present value.
Arkansas courts may award alimony in solido in addition to or instead of periodic support. When calculating lump-sum amounts, courts factor in the same considerations used for periodic alimony—financial need, ability to pay, length of marriage, and standard of living—but apply a present-value discount to reflect the immediate payment of future support obligations.
Factors Arkansas Courts Consider When Awarding Alimony
Arkansas does not codify a statutory list of factors for alimony determinations, unlike many other states that enumerate specific criteria judges must consider. Instead, Arkansas appellate courts have developed a consistent framework through case law that circuit judges apply in virtually every contested spousal support proceeding. The overarching standard under Ark. Code § 9-12-312 requires that any alimony award be "reasonable from the circumstances of the parties and the nature of the case."
Arkansas courts evaluate both spouses' financial circumstances through a two-part test: (1) does the requesting spouse have a genuine financial need for support, and (2) does the other spouse have the financial ability to provide that support? If both prongs are satisfied, courts then determine the appropriate type, amount, and duration of alimony based on case-specific factors developed through Arkansas appellate decisions.
| Factor | How Courts Apply It |
|---|---|
| Financial Need | Requesting spouse must demonstrate inability to meet reasonable living expenses from their own income and assets |
| Ability to Pay | Paying spouse must have sufficient income after meeting their own reasonable expenses |
| Length of Marriage | Marriages over 10 years more likely to result in awards; 20+ years may support permanent alimony |
| Standard of Living | Courts aim to approximate the marital lifestyle for both parties to the extent financially feasible |
| Age and Health | Advanced age or health limitations reduce rehabilitation potential and may support longer-term awards |
| Earning Capacity | Courts evaluate each spouse's education, skills, work history, and realistic employment prospects |
| Marital Contributions | Includes monetary contributions, homemaking, and career sacrifices to support the other spouse |
| Property Division | The allocation of marital assets affects the need for ongoing support payments |
| Child Support | Existing child support obligations factor into both need and ability to pay |
Marital Fault and Arkansas Alimony
Arkansas does not consider marital fault—including adultery, cruelty, or abandonment—when determining alimony amounts under the state's current jurisprudence. The Arkansas Supreme Court confirmed in Wright v. Wright, 302 Ark. 157 (1990), that a spouse's misconduct is irrelevant to spousal support unless it meaningfully relates to the recipient's financial need or the payer's ability to pay. For example, if one spouse dissipated marital assets through gambling or drug addiction, that waste may reduce the property available for division and indirectly affect alimony—but the misconduct itself does not increase or decrease the support award.
This approach contrasts with some other states that permit courts to consider marital fault as a direct factor in alimony determinations. Arkansas courts focus exclusively on financial circumstances, applying a needs-based analysis rather than punishing or rewarding marital behavior through support awards.
How Long Does Alimony Last in Arkansas?
Alimony duration in Arkansas varies significantly based on the type of support awarded and the specific circumstances of each case. Rehabilitative alimony typically lasts 6 months to 5 years, with courts generally applying a guideline of 1 year of support for every 3 years of marriage. Temporary alimony terminates upon entry of the final divorce decree, usually within 6-12 months of filing. Permanent alimony continues indefinitely until modified or terminated, while lump-sum alimony involves a one-time obligation with no ongoing duration.
Arkansas courts retain authority to set any duration they deem reasonable under Ark. Code § 9-12-312. Judges may order graduated reductions in support over time, step-down provisions that decrease payments as the recipient's earning capacity increases, or fixed end dates tied to specific milestones such as completion of an educational program. Parties may also negotiate duration terms as part of their settlement agreement, subject to court approval.
Modification of Alimony in Arkansas
Either the paying or receiving spouse may petition the Arkansas court to modify alimony at any time by demonstrating a significant and material change in circumstances under Ark. Code § 9-12-314. The petitioning party bears the burden of proving that the change is both significant (not minor or temporary) and ongoing (not a short-term fluctuation). Common grounds for modification include involuntary job loss, permanent disability, retirement, a 20% or greater change in either party's income, or the recipient becoming self-supporting sooner than anticipated.
To modify alimony in Arkansas, the requesting party must file a Motion to Modify with the circuit court that entered the original divorce decree. The motion must specifically identify the changed circumstances and the requested modification—whether an increase, decrease, or termination of support. Courts may order temporary modification pending a full hearing if the moving party demonstrates urgent need or hardship.
Importantly, alimony in solido (lump-sum alimony) cannot be modified once ordered, regardless of any subsequent changes in circumstances. This finality is one of the primary reasons parties may prefer or agree to lump-sum arrangements.
Termination of Alimony in Arkansas
Under Ark. Code § 9-12-312, alimony automatically terminates upon any of the following events unless the divorce decree or parties' agreement specifically provides otherwise: (1) remarriage of the recipient spouse; (2) the recipient's full-time cohabitation with another person in an intimate relationship; (3) the birth or establishment of a child resulting in a court order directing another person to pay support to the recipient; or (4) the death of either party.
Arkansas treats full-time cohabitation as the legal equivalent of remarriage for alimony termination purposes—a stricter standard than many states that require proof of economic benefit from cohabitation. Under Arkansas law, the paying spouse need only prove full-time cohabitation in an intimate relationship; they are not required to demonstrate that cohabitation has reduced the recipient's financial need. However, courts have clarified that "living full time" requires more than occasional overnight stays—a boyfriend who maintains a separate residence and stays over a few nights per week does not trigger automatic termination.
The paying spouse must file a motion to enforce termination when an automatic termination event occurs; alimony payments do not stop on their own. The paying spouse remains obligated to make payments until the court enters an order confirming termination, though the order may be retroactive to the date of remarriage or cohabitation.
Tax Treatment of Arkansas Alimony
For all Arkansas divorce agreements executed after December 31, 2018, alimony payments are neither tax-deductible for the paying spouse nor taxable income for the receiving spouse under federal law following the Tax Cuts and Jobs Act of 2017 (TCJA). Arkansas follows federal tax treatment and has no separate state-level deduction for spousal support payments. This represents a significant change from pre-2019 rules, where the paying spouse could deduct alimony and the receiving spouse reported it as taxable income.
Divorce agreements finalized before January 1, 2019, retain the prior tax treatment unless the parties subsequently modify their agreement and expressly elect to apply the new TCJA rules. Parties with pre-2019 agreements should carefully consider tax implications before modifying spousal support provisions, as modifications could inadvertently trigger the non-deductible treatment. The IRS has confirmed that modifications which do not expressly adopt the new rules preserve the original tax treatment.
Arkansas Alimony vs. Property Division
Arkansas courts address both alimony and property division in divorce proceedings, but these are distinct determinations governed by different legal standards. Property division under Ark. Code § 9-12-315 involves the allocation of marital assets and debts accumulated during the marriage, while alimony addresses ongoing financial support after divorce. Arkansas presumes a 50/50 division of marital property unless the court finds such division inequitable—a presumption that does not apply to alimony.
The property division awarded in a divorce directly affects alimony determinations. A spouse who receives a larger share of marital assets may have reduced need for ongoing support, while a spouse who takes on more marital debt may have greater need. Courts consider the overall financial picture when crafting both property division and support orders, aiming for a result that is fair and reasonable considering all circumstances.
Enforcing Alimony Orders in Arkansas
When a paying spouse fails to make court-ordered alimony payments in Arkansas, the recipient may file a Motion for Contempt with the circuit court. Courts take alimony enforcement seriously—a spouse found in contempt may face fines, wage garnishment, seizure of assets, or incarceration until they purge the contempt by paying arrears. Arkansas law permits income withholding orders that direct the paying spouse's employer to deduct alimony payments directly from wages.
Recipient spouses may also pursue collection through the Office of Child Support Enforcement (OCSE) in limited circumstances, though this agency primarily handles child support. Private judgment collection remedies—including liens on real property, bank levies, and garnishment of accounts—are available for unpaid alimony. Arkansas's statute of limitations for collecting alimony arrears is 10 years from the date each payment became due.
Frequently Asked Questions About Types of Alimony in Arkansas
What are the different types of alimony available in Arkansas?
Arkansas courts award four types of alimony: rehabilitative (70% of cases), temporary (pendente lite), permanent, and alimony in solido (lump sum). Rehabilitative alimony lasts 6 months to 5 years while recipients pursue education or training. Temporary alimony covers needs during the divorce proceeding. Permanent alimony is rare, reserved for 20+ year marriages where self-support is impossible.
How do Arkansas courts calculate alimony amounts?
Arkansas has no statutory formula for calculating alimony under Ark. Code § 9-12-312. Courts exercise broad discretion based on the recipient's financial need and the payer's ability to pay. Median awards range from $400 to $1,200 per month. A common negotiation benchmark calculates 40% of the higher earner's net income minus 50% of the lower earner's net income, though judges are not bound by any formula.
Does adultery affect alimony awards in Arkansas?
No, Arkansas does not consider marital fault when determining alimony amounts. The Arkansas Supreme Court confirmed in Wright v. Wright (1990) that adultery is irrelevant unless it directly relates to financial need or ability to pay. Courts focus exclusively on financial circumstances, applying a needs-based analysis rather than punishing misconduct through support awards.
When does alimony automatically terminate in Arkansas?
Alimony automatically terminates upon the recipient's remarriage, full-time cohabitation with an intimate partner, death of either party, or birth of a child resulting in a support order from another person under Ark. Code § 9-12-312. Arkansas treats cohabitation as legally equivalent to remarriage—the paying spouse need not prove economic benefit, only full-time intimate cohabitation.
Can I modify my alimony order in Arkansas?
Yes, either spouse may petition for modification by proving a significant and material change in circumstances under Ark. Code § 9-12-314. Common grounds include involuntary job loss, disability, retirement, or a 20% or greater income change. However, lump-sum alimony (alimony in solido) cannot be modified once ordered, regardless of changed circumstances.
How long does rehabilitative alimony last in Arkansas?
Rehabilitativealimony in Arkansas typically lasts 6 months to 5 years, depending on the time needed for the recipient to become self-supporting. Courts generally apply a guideline of 1 year of support for every 3 years of marriage, though judges retain discretion to deviate. Recipients must follow their rehabilitation plan, and failure to do so may result in termination.
Is alimony taxable in Arkansas?
For divorces finalized after December 31, 2018, alimony is not tax-deductible for the payer or taxable income for the recipient under federal law (TCJA). Arkansas follows federal tax treatment. Pre-2019 divorce agreements retain the old tax rules unless modified with express adoption of new rules.
What is the difference between temporary and rehabilitative alimony?
Temporary alimony (pendente lite) provides support during the divorce proceeding, typically lasting 6-12 months until the final decree. Rehabilitative alimony is awarded in the final decree and lasts 6 months to 5 years while the recipient pursues self-sufficiency. Temporary alimony addresses immediate separation needs; rehabilitative alimony supports long-term independence.
Can men receive alimony in Arkansas?
Yes, Arkansas alimony is gender-neutral under Ark. Code § 9-12-312. Either spouse may request spousal support regardless of gender. Courts award alimony based solely on financial need and the other spouse's ability to pay, not on whether the requesting party is a husband or wife.
How do I request alimony in an Arkansas divorce?
To request alimony, include a demand for spousal support in your divorce petition or counterclaim filed with the circuit court. You must demonstrate financial need through income documentation, expense statements, and evidence of the marital standard of living. The $165 filing fee covers the divorce petition including alimony requests. Courts may award temporary support at the preliminary hearing and permanent support in the final decree.
Author: Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Arkansas divorce law
Last updated: May 2026. This guide provides general legal information about types of alimony in Arkansas and does not constitute legal advice. Laws change, and individual circumstances vary. Consult with a licensed Arkansas family law attorney for advice specific to your situation.