Arkansas Alimony: Eligibility, Amount, and Duration
September 10, 2026 · LawDiver Research Team
Arkansas calls post-divorce spousal payments alimony. Awards are governed primarily by Ark. Code Ann. § 9-12-312. This guide covers eligibility, how courts set amount and duration, when support ends, and how Arkansas case law frames the analysis. Open linked opinions in LawDiver for the full text.
Primary keywords: Arkansas alimony, Arkansas divorce spousal support, rehabilitative alimony Arkansas, Arkansas § 9-12-312
Key takeaways
- Arkansas uses the term alimony under Ark. Code Ann. § 9-12-312.
- Amount and duration are largely discretionary, guided by statutory factors. Fully discretionary. Courts consider need, ability to pay, length of marriage, earning capacity, and property awarded.
- Common forms include: Temporary, rehabilitative, and indefinite periodic alimony; lump-sum alimony is also available.
- Duration framework: Rehabilitative awards dominate shorter marriages; longer awards track the facts rather than a statutory percentage of marriage length.
- Permanent / indefinite support: Yes, in limited cases—typically long marriages where the recipient cannot reasonably become self-supporting.
- Companion child-support guide: Arkansas child support guidelines.
What alimony is (and is not)
Alimony is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see Ark. Code Ann. § 9-12-312; Admin. Order No. 10 (Arkansas Child Support Guidelines)) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to alimony. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply Arkansas's statutory framework.
Eligibility and statutory factors
Fully discretionary. Courts consider need, ability to pay, length of marriage, earning capacity, and property awarded.
Fault. Fault can influence alimony, especially when misconduct caused economic harm or when adultery is proved under Arkansas case law.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
Types of alimony in Arkansas
Temporary, rehabilitative, and indefinite periodic alimony; lump-sum alimony is also available.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
Arkansas does not use a statewide calculator for final alimony. Judges weigh the statutory factors and the record. Online “alimony calculators” are at best rough illustrations and are not controlling.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
How long alimony lasts
Rehabilitative awards dominate shorter marriages; longer awards track the facts rather than a statutory percentage of marriage length.
Permanent / indefinite support. Yes, in limited cases—typically long marriages where the recipient cannot reasonably become self-supporting.
When alimony ends or can be changed
Death, remarriage, or a court-ordered termination date; cohabitation may justify modification.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are Arkansas-specific.
Taxes
Federal TCJA non-deductibility/non-includibility applies to post-2018 instruments; check Arkansas conformity for state returns.
Child support remains non-deductible and non-taxable. Do not assume alimony treatment mirrors child support.
Case law: how Arkansas courts decide alimony
These LawDiver opinions illustrate how Arkansas appellate courts discuss need, ability to pay, duration, and related issues:
Christopher FOSTER, Appellant v. Leah FOSTER, Appellee — Whiteaker, J., dissenting
…from considering the general factors governing an award of alimony — including a consideration of the economic imbalances in the earning power and standard of living of the divorcing parties, the division of property, the health and medical needs of the parties, and the duration of the marriage— in determining the appropriateness of an award of rehabilitative alimony. I also a…
Use this decision — and the surrounding Arkansas appellate line — when briefing need, ability to pay, duration, or modification of alimony.
Christopher FOSTER, Appellant v. Leah FOSTER, Appellee
Christopher FOSTER, Appellant v. Leah FOSTER, Appellee, 2016 Ark. LEXIS 385 (2016)
…sents an issue of first impression regarding rehabilitative alimony, is before us on a petition for review from the Arkansas Court of Appeals pursuant to Arkansas Supreme Court Rule 1-2(e). Appellant Christopher Foster appeals the divorce decree entered by the Garland County Circuit Court awarding rehabilitative alimony and attorney’s fees and costs to appellee Leah Foster. For…
Use this decision — and the surrounding Arkansas appellate line — when briefing need, ability to pay, duration, or modification of alimony.
Practical checklist
- Identify the correct statutory label (alimony) and controlling section (Ark. Code Ann. § 9-12-312).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if Arkansas law makes it relevant to eligibility or amount.
- Search LawDiver for recent Arkansas decisions before mediation.
- Cross-check child support interactions via the Arkansas child support guide.
Frequently asked questions
Does Arkansas still award permanent alimony?
Yes, in limited cases—typically long marriages where the recipient cannot reasonably become self-supporting.
How is alimony calculated in Arkansas?
Arkansas leaves amount largely to judicial discretion under Ark. Code Ann. § 9-12-312, guided by statutory factors rather than a mandatory statewide calculator.
How long do I have to be married to receive alimony?
Rehabilitative awards dominate shorter marriages; longer awards track the facts rather than a statutory percentage of marriage length. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end alimony?
Death, remarriage, or a court-ordered termination date; cohabitation may justify modification.
Is alimony taxable?
Federal TCJA non-deductibility/non-includibility applies to post-2018 instruments; check Arkansas conformity for state returns.
Where can I read Arkansas alimony opinions?
Open the cases linked above or search LawDiver scoped to Arkansas. For support of children, see the Arkansas child support guidelines guide.
Disclaimer
This article provides general information about Arkansas alimony and is not legal advice. Confirm the current text of Ark. Code Ann. § 9-12-312 and consult a licensed Arkansas family-law attorney before acting on any rule described here.