Little Rock Spousal Support Attorneys

Working with Individuals Involved in Spousal Support Disputes in and around Little Rock, Arkansas

What are the rules on Spousal Support in Arkansas? How can I get an award of support?

In Arkansas, some judges will award one spouse financial support that will last for a determined amount of time but usually no longer than 3-5 years following a divorce. This support is what most people think of as alimony. It is referred to in Arkansas courts as spousal support or rehabilitative support. Whether a spouse receives an order for support will depend on the spouse’s financial need and the other party’s ability to pay. An award of spousal support is highly discretionary, and will often grant support for only a set length of time in order to allow the spouse requesting the support to get back on their feet and find a job that will allow them to support themselves.

The purpose of an award of spousal support is take lifestyle and standard of living into account when one spouse was the breadwinner and the other spouse does not have the same earning potential. Hiett v. Hiett, 86 Ark. App. 31, 158 S.W. 3d 720 (2004). Permanent disability may receive permeant support.

Spousal support can be tricky because it is completely within a judge’s discretion on whether to award the support and whether one spouse is awarded support depends on the particular facts of each case. One guideline set out in Administrative Rule 10 states that, in divorces where child support is awarded, a court may award 20% of the payor’s net take home as spousal support on top of the award of child support.

Along with this guideline, courts also consider the following factors:

  1. payor’s ability to pay;
  2. payee’s financial need;
  3. the financial circumstances of both parties;
  4. the financial needs and obligations of both the couple’s past standard of living;
  5. the value of jointly owned property;
  6. the amount of nature of the income; and many other factors.

This list is not exhaustive.

Why Choose Destiny Law?

Spousal support can mean the difference between struggling financially through a divorce or living comfortably at your past standard of living. If you are on the other side, it can mean a significant difference in the amount of money you are required to pay your spouse during the divorce and also after the divorce is finalized.

The attorneys at Destiny Law Firm routinely deal with spousal support issues. We will guide you through the process of filing for support, presenting evidence of your need for support at the temporary and/or final hearing in your divorce proceeding, and making sure you understand the process along the way. We are also experienced in seeking modifications to existing support obligations. Contact us today to get started.