If you only remember one point about alimony in Arkansas, remember this: Arkansas calls it alimony. Fully discretionary. Courts consider need, ability to pay, length of marriage, earning capacity, and property awarded. Forms include Temporary, rehabilitative, and indefinite periodic alimony; lump-sum alimony is also available.. Procedure, examples, and the opinions below hang off Ark. Code Ann. § 9-12-312. Duration: Rehabilitative awards dominate shorter marriages; longer awards track the facts rather than a statutory percentage of marriage length. Termination: Death, remarriage, or a court-ordered termination date; cohabitation may justify modification.
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.
Walking through Arkansas facts
Use this walkthrough to see which Arkansas authority does the work at each step.
One spouse asks a Arkansas court for alimony after a divorce filing.
- Use the label and statute Arkansas actually uses: alimony under Ark. Code Ann. § 9-12-312.
- There is no formula. Apply the statutory factors: Fully discretionary. Courts consider need, ability to pay, length of marriage, earning capacity, and property awarded.
- Set duration from Arkansas rules: Rehabilitative awards dominate shorter marriages; longer awards track the facts rather than a statutory percentage of marriage length.
- Identify what ends the award: Death, remarriage, or a court-ordered termination date; cohabitation may justify modification.
Yes, in limited cases—typically long marriages where the recipient cannot reasonably become self-supporting. Fault: Fault can influence alimony, especially when misconduct caused economic harm or when adultery is proved under Arkansas case law. Federal TCJA non-deductibility/non-includibility applies to post-2018 instruments; check Arkansas conformity for state returns.
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:
Matthew Kevin TAYLOR v. Kristi Lynn TAYLOR
Matthew Kevin TAYLOR v. Kristi Lynn TAYLOR, 369 Ark. 31 (2007)
…sues on appeal; (1) the circuit court erred in its award of alimony to Kristi; (2) the circuit court erred in its calculation of his income for child-support payments; and (3) the circuit court erred in finding that the travel trailer used by him was marital property. We affirm in part and reverse and remand in part. Kevin Taylor and Kristi Taylor were married on January 16, 19…
Practitioners open Matthew Kevin TAYLOR v. Kristi Lynn TAYLOR when Arkansas alimony turns on the distinction in this sentence: "Kristi; (2) the circuit court erred in its calculation of his income for child-support payments; and (3) the circuit court erred in finding that the travel trailer used by him was marital property. We affirm in part and reverse and remand in part." Do not lift it out of the facts the court was deciding.
Jack SWEENEY v. Nancy SWEENEY — Fogleman, J., concurring in part and dissenting in part
…exists, no law whatever exists authorizing the allowance of alimony where the divorce is absolute. It was only by statute that the meaning of the word alimony was extended to include an allowance by the court on dissolving the bonds of matrimony. Bauman v. Bauman, 18 Ark. 320; Wood v. Wood, 54 Ark. 172, 15 S.W. 459. There has never been any common law right to alimony, attorney…
On alimony, Jack SWEENEY v. Nancy SWEENEY — Fogleman, J., concurring in part and dissenting in part speaks to the Arkansas dispute in this passage: "It was only by statute that the meaning of the word alimony was extended to include an allowance by the court on dissolving the bonds of matrimony. Bauman v. Bauman, 18 Ark. 320; Wood v. Wood, 54 Ark. 172, 15 S.W. 459." The surrounding opinion shows how the court applied that language to the record.
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…
Practitioners open Christopher FOSTER, Appellant v. Leah FOSTER, Appellee when Arkansas alimony turns on the distinction in this sentence: "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." Do not lift it out of the facts the court was deciding.
IN RE: ADMINISTRATIVE ORDER NUMBER 10: ARKANSAS CHILD SUPPORT GUIDELINES
IN RE: ADMINISTRATIVE ORDER NUMBER 10: ARKANSAS CHILD SUPPORT GUIDELINES, 347 Ark. 1064 (2002)
…come should include contributions made to retirement plans, alimony paid, and self-employed health insurance paid; this figure appears on line 22 of the current federal income tax form. Depreciation should be allowed as a deduction only to the extent that it reflects actual decrease in value of an asset. Also, the court shall consider the amount the payor is capable of earning…
Arkansas opinions such as IN RE: ADMINISTRATIVE ORDER NUMBER 10: ARKANSAS CHILD SUPPORT GUIDELINES are cited where alimony is disputed. The court stated: "Depreciation should be allowed as a deduction only to the extent that it reflects actual decrease in value of an asset." That is the language to brief; the rest of the decision supplies the procedural posture.
OFFICE of CHILD SUPPORT ENFORCEMENT & Anita Gauvey v. Robert W. GAUVEY
OFFICE of CHILD SUPPORT ENFORCEMENT & Anita Gauvey v. Robert W. GAUVEY, 96 Ark. App. 342 (2006)
…he Office of Child Support Enforcement (OCSE) can enforce a spousal support order contained in a foreign divorce decree from Germany. We hold that OCSE can enforce the spousal order in question, and we reverse and remand this case. Anita and Robert Gauvey were married on December 22, 1988, in Cleburne County, Arkansas, and were divorced on March 28, 1995, in Starnberg, Germany.…
OFFICE of CHILD SUPPORT ENFORCEMENT & Anita Gauvey v. Robert W. GAUVEY is worth reading on Arkansas alimony because the court put the point in its own words: "Office of Child Support Enforcement (OCSE) can enforce a spousal support order contained in a foreign divorce decree from Germany. We hold that OCSE can enforce the spousal order in question, and we reverse and remand this case." Use that passage as the starting point, then read the facts that precede it.
OFFICE OF CHILD SUPPORT ENFORCEMENT and Denise F. Morbit v. Kenneth HARPER
…appellee’s May 27, 2008 motion | Requested modification of alimony, in addition to child support, he never got a final ruling as to modification of alimony before it was terminated automatically upon appellant Denise Morbit’s marriage on December 29, 2008. And though appellant OCSE cited appellee’s failure to pay spousal support, among other things, in its December 18, 2008 mo…
OFFICE OF CHILD SUPPORT ENFORCEMENT and Denise F. Morbit v. Kenneth HARPER is worth reading on Arkansas alimony because the court put the point in its own words: "May 27, 2008 motion | Requested modification of alimony, in addition to child support, he never got a final ruling as to modification of alimony before it was terminated automatically upon appellant Denise Morbit’s marriage on December 29, 2008." Use that passage as the starting point, then read the facts that precede it.
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.
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.
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.