Legal Separation in Arkansas: Bed and Board Divorce Explained (2026)

Arkansas does not use the label "legal separation" for an ordinary marriage, but it names two actions short of an absolute divorce: divorce from bed and board and separate maintenance (Ark. Code Ann. §§ 9-12-301(b), 9-12-303(c)). Covenant marriages have a separate "judicial separation" under §§ 9-11-808 to 9-11-810.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers divorce from bed and board and separate maintenance under Arkansas Code §§ 9-12-301 to 9-12-313, and judicial separation in covenant marriages under §§ 9-11-801 to 9-11-811. It does not cover property division in general, final alimony amounts, custody standards or other states' law. For absolute divorce, see Arkansas divorce laws.

Can you get a legal separation in Arkansas?

Yes, in substance, though not under that name for most marriages. Ark. Code Ann. § 9-12-301(b) provides:

"The circuit court shall have power to dissolve and set aside a marriage contract, not only from bed and board, but from the bonds of matrimony, for the following causes:"

A divorce from bed and board is the limited form. A divorce "from the bonds of matrimony" is an absolute divorce. Arkansas statutes also refer to a third action, separate maintenance, alongside both kinds of divorce. Section 9-12-303(c) treats the three together:

"When a spouse initiates an action against the other spouse for an absolute divorce, divorce from bed and board, or separate maintenance, then the venue for the initial action shall also be the venue for any of the three (3) named actions filed by the other spouse, regardless of the residency of the other spouse."

So if one spouse files for separate maintenance and the other answers by filing for divorce, both cases belong in the county where the first was filed.

Statute quotations on this page come from a 2020 compilation of the Arkansas Code. The Arkansas Legislature's list of amended code sections shows no change to §§ 9-12-301 to 9-12-324 or to the covenant-marriage sections, §§ 9-11-801 to 9-11-811, in the 2021 through 2025-2026 sessions.

Grounds listed in § 9-12-301(b)

The causes in § 9-12-301(b) include:

• impotence at the time of the marriage that still continues (§ 9-12-301(b)(1));
• conviction of a felony or other infamous crime;
• habitual drunkenness for one year;
• cruel and barbarous treatment that endangers the other spouse's life;
• indignities that make the other spouse's condition intolerable;
• adultery after the marriage;
• living separate and apart for 18 continuous months (§ 9-12-301(b)(5));
• three years of separation where a spouse has incurable insanity; and
• willful failure to provide support.

Section 9-12-301(b) introduces these causes as grounds to dissolve a marriage "not only from bed and board, but from the bonds of matrimony." Two of them, 18 months' separation in (b)(5) and incurable insanity in (b)(6), are written as grounds for an absolute decree. For the others the statute does not say which support a decree from bed and board, so ask a lawyer licensed in Arkansas which grounds courts accept for a limited decree.

Residency and the 30-day waiting period

For a divorce, § 9-12-307(a)(1)(A) requires "A residence in the state by either the plaintiff or defendant for sixty (60) days next before the commencement of the action and a residence in the state for three (3) full months before the final judgment granting the decree of divorce." The section is stated in terms of obtaining a divorce and does not say whether it also governs a decree from bed and board.

The waiting period is clearer. Section 9-12-310 bars a decree of absolute divorce or divorce from bed and board before the 30th day after the case is filed, unless the spouses lived separate and apart for the 12 months before filing, the defendant was served by warning order, or the ground is bigamy. The statute says the wait is not subject to waiver.

What the court can order while you are separated

While a case is pending, § 9-12-309(a)(1) gives the court power to act "During the pendency of an action for divorce, whether absolute or from bed and board, separate maintenance, or alimony." That includes temporary maintenance and attorney and expert fees.

The property-division statute, § 9-12-315, applies "At the time a divorce decree is entered," but the code ties two property rules to a decree from bed and board. Property a spouse acquires after a decree of divorce from bed and board is not marital property (§ 9-12-315(b)(3)). When the court grants a divorce from bed and board and dissolves an estate by the entirety or survivorship, it may distribute that property under § 9-12-315 (§ 9-12-317(c)). Ask a lawyer how an Arkansas court divides other property in a limited divorce or separate maintenance case. For support amounts, see Arkansas alimony laws. For parenting arrangements, see Arkansas child custody laws.

Separation agreements

Spouses who separate often put their arrangements in writing. Section 9-12-313 provides that "Courts of equity may enforce the performance of written agreements between husband and wife made and entered into in contemplation of either separation or divorce."

Judicial separation in a covenant marriage

Arkansas's Covenant Marriage Act of 2001 (§§ 9-11-801 to 9-11-811) creates an optional form of marriage. A couple may choose it on the marriage license application (§ 9-11-803(b)), and a married couple may redesignate an existing marriage as a covenant marriage (§ 9-11-807). Divorce grounds for a covenant marriage are limited by § 9-11-808(a), and a decree must state that it dissolves a covenant marriage (§ 9-12-324).

After the spouses have obtained authorized counseling, a covenant spouse may seek a judicial separation only on the grounds in § 9-11-808(b):

• adultery;
• a felony conviction with a sentence of death or imprisonment;
• physical or sexual abuse of the filing spouse or of a child of either spouse;
• living separate and apart for two years;
• habitual drunkenness for one year;
• cruel and barbarous treatment that endangers the other spouse's life; or
• indignities.

What a covenant judicial separation can include

Under § 9-11-809(d), "In a proceeding for a judicial separation in a covenant marriage or thereafter, a court may award a spouse all incidental relief afforded in a proceeding for divorce, including, but not limited to, spousal support, claims for contributions to education, child custody, visitation rights, child support, injunctive relief, and possession and use of a family residence or joint property."

You stay married

Section 9-11-810(a) states the effect directly:

"Judicial separation in a covenant marriage does not dissolve the bond of matrimony since the separated husband and wife are not at liberty to marry again, but it puts an end to their conjugal cohabitation and to the common concerns that existed between them."

That status continues until the spouses reconcile or divorce (§ 9-11-810(b)).

Turning a separation into a divorce

For a covenant marriage, § 9-11-808(a)(5)(A) allows divorce when "The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years from the date the judgment of judicial separation was signed." Under § 9-11-808(a)(5)(B), the period is two years and six months if there is a minor child of the marriage, and one year if abuse of a child of the marriage, or of a child of either spouse, was the basis for the judicial separation. Abuse of a spouse does not shorten the period, but physical or sexual abuse of the spouse seeking the divorce is itself a covenant-marriage divorce ground under § 9-11-808(a)(3).

For an ordinary marriage, the sections covered here do not set out a procedure for converting a decree from bed and board into an absolute divorce. Separately, § 9-12-301(b)(5) makes 18 continuous months of living separate and apart a ground for an absolute divorce. Divorce grounds and steps are on the Arkansas divorce laws page.

This page does not cover the effect of a decree from bed and board on remarriage, inheritance or a surviving spouse's rights in an ordinary marriage. Ask a lawyer licensed in Arkansas before relying on a limited decree for those purposes.

Disclaimer: This article provides general legal information about divorce from bed and board, separate maintenance and covenant-marriage judicial separation under Arkansas law (Ark. Code Ann. §§ 9-12-301 to 9-12-313 and 9-11-801 to 9-11-811), verified on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Arkansas or ask the circuit clerk in your county about filing procedures.

Related

• Legal separation laws in every state
• Arkansas divorce laws
• Arkansas alimony laws
• Arkansas child custody laws
• Arkansas child support laws

Last updated: 2026-10-08.

Frequently Asked Questions

Does Arkansas have legal separation?

Arkansas's code names divorce from bed and board and separate maintenance rather than an action called legal separation for ordinary marriages (Ark. Code Ann. §§ 9-12-301(b), 9-12-303(c)). Covenant marriages have a judicial separation under § 9-11-808(b).

What is a divorce from bed and board in Arkansas?

It is a decree under § 9-12-301(b) that dissolves the marriage contract from bed and board, as distinct from a divorce from the bonds of matrimony. Section 9-12-310 applies its 30-day waiting rule to both kinds of decree.

Can I get spousal support while separated in Arkansas?

While an action for divorce from bed and board, separate maintenance or alimony is pending, § 9-12-309 lets the court order temporary maintenance and attorney and expert fees. For final support amounts, see the Arkansas alimony page.

How long do you have to live in Arkansas to file?

For a divorce, § 9-12-307 requires 60 days of residence by either spouse before filing and three full months before the final judgment. That section is stated for divorce and does not say whether it applies to a decree from bed and board.

How long after a covenant-marriage separation can you divorce in Arkansas?

Two years of living apart without reconciliation from the date the judicial-separation judgment was signed, two years and six months if there is a minor child, or one year if the separation was granted because of abuse of a child of the marriage or of a child of either spouse (§ 9-11-808(a)(5)). Physical or sexual abuse of the spouse is itself a divorce ground under § 9-11-808(a)(3).

Can separated spouses in a covenant marriage remarry?

No. Section 9-11-810(a) says judicial separation does not dissolve the bond of matrimony and the separated spouses are not at liberty to marry again.

Is a separation agreement enforceable in Arkansas?

Section 9-12-313 lets courts of equity enforce written agreements between spouses made in contemplation of separation or divorce.