In a heterosexual divorce in Arkansas, couples generally need to divide marital property. Things that they purchased or owned before the marriage often qualify as separate property, so they each get to keep the items they brought to the marriage. But anything that they bought together is owned by both of them and needs to be divided.
The same general process has to be carried out with a same-sex divorce. But there is one thing that can make this more complex: Same-sex marriage has not always been legal in Arkansas.
Why does this make a difference?
Although the laws regarding same-sex relationships have changed over time in Arkansas, these marriages were officially recognized in 2014. In fact, one of the first couples to get married recently celebrated their 10-year anniversary last year.
This makes a difference when it comes to property division because some same-sex couples may have been together long before it was legal for them to get married. For instance, say that a couple was in a committed relationship for 20 years, starting in 1994. Over that time, they purchased a house together, bought cars and home furnishings, saved money toward retirement and took all of the other normal steps that any married couple may take.
Finally, in 2014, they got married. But if that couple got divorced today, would only the assets purchased after 2014 count as marital assets? Or would they both have a right to some of the assets acquired during the previous 20 years, when they were in a relationship but not married due to state laws?
You can see how this raises some complicated questions during the divorce, which is why couples need to know exactly what legal steps to take.