When it comes to divorce settlements, the length of a couple’s marriage is a significant factor that determines the division of assets and liabilities. The longer the marriage, the more complex the division of property can be, and the more maintenance or alimony payments may be involved. This article explores how the length of a marriage can impact the divorce settlement in Arkansas.
Divorce Settlement and the Length of Marriage
The length of a couple’s marriage plays a significant role in determining the terms of the divorce settlement. Arkansas law treats property differently, depending on whether it’s considered marital or separate property. Marital property is property obtained by the couple during the marriage, while separate property is property one spouse owned before the marriage.
In Arkansas, both the marital and separate property must be divided equitably among the couple during a divorce. However, the length of the marriage can influence how this division is determined.
Short Marriages
In Arkansas, a marriage that lasted less than a year is considered a "short marriage." For couples who divorce after a short marriage, there may not be many assets or liabilities to divide. In most cases, a court may award each spouse the property they owned before the marriage.
Mid-Length Marriages
A mid-length marriage is one that lasts between one and ten years. For couples with mid-length marriages, property division may become more complicated. Courts may consider factors such as each spouse’s earning capacity, the standard of living during the marriage, and each spouse’s contribution to the marriage when dividing assets and liabilities.
Long Marriages
Long marriages are those that last ten years or more. For couples with long marriages, the division of property, debt, and other marital assets can be even more detailed and complicated. In many cases, a court may award spousal support or alimony payments to ensure that the spouse who earns less is taken care of post-divorce.
Summary
In summary, the length of a marriage plays a significant role in determining the terms of a divorce settlement in Arkansas. The longer the marriage, the more complex the division of property can be. If you are considering a divorce in Arkansas, it’s essential to seek the guidance of an experienced divorce attorney who can help you navigate the various complex legal factors that may impact your case.