Is alimony based on need or fault?

In Arkansas, alimony is based on a couple of different factors. Generally speaking, alimony is based on need rather than fault. The court considers a variety of factors to determine if one spouse needs financial support from the other and if awarding alimony is appropriate. Factors that the court considers include the length of the marriage, the standard of living during the marriage, each spouse’s current financial situation, each spouse’s income and earning capacity, each spouse’s physical and emotional health, any marital misconduct (which may include fault-based issues such as abuse), and each spouse’s contribution to the marriage (financial and non-financial). In some cases, fault-based issues may be considered when determining if alimony is awarded. This is typically the case when the fault-based issue has resulted in a financial disadvantage for one spouse. For example, if a spouse is found to have committed marital misconduct that caused financial harm, alimony could be an appropriate remedy. In Arkansas, alimony is typically not granted on a permanent basis and is usually reserved for short-term or rehabilitative purposes. The court can award alimony on a temporary, periodic, or lump-sum basis. Ultimately, the court considers all factors to determine whether or not alimony should be awarded, and how much should be paid.

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Is alimony based on need or fault?

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