Assisting With Complex Property Division During Divorce
One of the most critical issues in any divorce is property division. The outcome of a divorce can have a significant impact on an individual’s immediate and long-term financial security. Many complex property division issues may arise in a dissolution proceeding, including:
- Concealment of marital assets
- Valuation of a family-owned business
- Division of investment and retirement accounts
- Disproportionate division of the marital estate
- Commingling of marital and non-marital property
- Calculation of income in cases involving self-employed spouses
- Structured settlements in high net worth divorces
- Complex divorce litigation
At Robertson, Oswalt & Associates, we offer skilled, knowledgeable and highly responsive legal services for people who are going through the difficult process of divorce. We have extensive experience handling dissolution proceedings that involve complex property division matters.
Property Division in Arkansas
Property is categorized as marital or non-marital. Property acquired during a marriage is typically defined as marital property, with limited exceptions including certain gifts or property acquired by inheritance.
Courts must divide marital property in a manner that is just and equitable. In many cases, marital property is divided on a 50/50 basis, but an even division of the marital estate is not required by Arkansas law. When there is a disparity in the earning power of the parties and other equitable factors warrant a disproportionate division of marital assets or a disproportionate allocation of marital debts, Arkansas courts have the discretion to issue orders to such effect.
Given the significant discretion of courts to determine what is an “equitable” division of marital property in any given case, it is critical that anyone involved in a contested divorce have a highly qualified divorce lawyer who is capable of making a compelling argument on their behalf for a favorable division of the marital estate.