Withholding Sex as Grounds for Divorce in Arkansas: Legal Considerations

Can a Sexless Marriage Be Grounds for Divorce in Arkansas?

Marriage involves both emotional and physical intimacy, and when one spouse unreasonably refuses sexual relations, it can create significant marital strain. In Arkansas, withholding sex may serve as grounds for divorce, but only under certain legal conditions. This article explains the legal implications of sexual refusal, fault-based vs. no-fault divorce, and how courts address these issues in custody, support, and property division.

Withholding Sex, Constructive Abandonment, and Alienation of Affection in Arkansas

Key Legal Terms:

• Constructive Abandonment – Arkansas law recognizes constructive abandonment as a fault-based ground for divorce, which can include a spouse's continuous, unjustified refusal to engage in marital duties, including sexual relations. Unlike physical abandonment, constructive abandonment occurs when one spouse’s actions make the marriage intolerable without physically leaving the marital home.
• Alienation of Affection – This was a legal action against third parties accused of interfering in a marriage. Arkansas abolished alienation of affection claims in 1991, meaning a spouse cannot sue a third party for damaging their marriage.
• Sexless Marriage – While there is no legal definition for a sexless marriage, experts often define it as fewer than ten sexual encounters per year. However, courts focus not on frequency but on whether sexual refusal has caused significant emotional and psychological harm to the marriage.

In Arkansas, withholding sex for an extended period—without medical or justifiable reasons—may be considered constructive abandonment, providing legal grounds for a fault-based divorce.

Is Withholding Sex Grounds for Divorce in Arkansas?

1. Fault-Based Divorce in Arkansas

In a fault-based divorce, one spouse must prove that the other’s actions—such as continuous sexual refusal—led to the marriage’s breakdown. Courts may grant a divorce based on constructive abandonment if:

• The refusing spouse continuously denies sexual intimacy without justification.
• The lack of intimacy has substantially harmed the marriage.
• The requesting spouse can prove the refusal was intentional and ongoing.

Evidence may include:

• Text messages or emails discussing sexual refusal.
• Testimony from a therapist or marriage counselor.
• Documentation of attempts to address the issue (e.g., counseling or medical consultations).

2. No-Fault Divorce in Arkansas

Arkansas allows no-fault divorce, meaning neither spouse has to prove fault. The most common no-fault ground is living separately for 18 months without reconciliation.

In a no-fault divorce, withholding sex does not need to be proven, and the court does not consider marital intimacy issues in its ruling. However, a sexless marriage may still contribute to the couple’s decision to separate and file under no-fault grounds.

Impact of a Lack of Sex on Divorce Proceedings in Arkansas

1. Custody Considerations

Arkansas courts determine custody based on the child’s best interests. The lack of intimacy in a marriage does not directly affect custody rulings. However, if sexual refusal is tied to deeper psychological issues that impact a parent’s ability to care for the child, it could indirectly influence custody decisions.

Examples where it may affect custody:

• A parent’s severe emotional withdrawal due to marital issues affects parenting abilities.
• A spouse’s mental health issues (linked to intimacy struggles) impact their ability to provide a stable home.
• The marriage is severely strained, leading to a toxic home environment for the child.

While a lack of sex does not impact custody directly, the overall well-being of each parent is considered.

2. Child Support Considerations

Arkansas calculates child support based on:

• Each parent’s income.
• The time spent with the child (custody arrangement).

Since child support is determined by financial needs, sexual issues in the marriage are not a factor in child support rulings.

3. Impact on Spousal Support (Alimony)

While a sexless marriage alone does not determine alimony, related issues may be considered, including:

• Emotional or psychological abuse – If sexual refusal was used to manipulate or control the other spouse, courts may increase alimony payments.
• Medical or health-related causes – If one spouse’s medical condition contributed to a lack of intimacy, it may impact alimony rulings.
• Economic dependence – If the sexless marriage led to emotional distress that affected one spouse’s ability to work, the court may award financial support.

While Arkansas does not punish a spouse for sexual refusal, the broader effects of a sexless marriage may influence alimony awards.

8 Reasons to Leave a Sexless Marriage in Arkansas

1. Unmet Emotional and Physical Needs – The lack of sexual intimacy can create emotional and psychological distress.
2. Irreparable Relationship Damage – A prolonged absence of sex can lead to resentment and deep emotional wounds.
3. Lack of Intimacy and Connection – Sex often strengthens emotional bonds, and its absence can cause detachment.
4. Decreased Self-Esteem – Feeling unwanted can damage self-confidence.
5. Incompatibility – Differences in sexual expectations may indicate deeper compatibility issues.
6. Mental Health Struggles – Frustration, loneliness, and emotional pain can lead to depression or anxiety.
7. Openness to New Relationships – Some individuals may seek a more fulfilling relationship elsewhere.
8. Fundamental Differences in Sexual Expectations – If one spouse views sex as essential and the other does not, divorce may be inevitable.

Reasons to Stay in a Sexless Marriage in Arkansas

1. Emotional Connection and Companionship – Some couples prioritize emotional intimacy over physical intimacy.
2. Family and Children – Many spouses stay together to maintain a stable home for their children.
3. Financial Stability – Divorce can bring economic hardship, making staying together more practical.
4. Religious or Cultural Beliefs – Some people view marriage as a lifelong commitment, regardless of intimacy.

Causes of a Sexless Marriage in Arkansas

1. Physical Health Issues – Medical conditions, disabilities, or aging can impact libido.
2. Mental Health Concerns – Depression and anxiety may reduce sexual desire.
3. Hormonal Changes – Menopause or thyroid disorders can lower libido.
4. Medications – Some medications have side effects that reduce sexual desire.
5. Stress and Fatigue – Job stress, parenting, or financial burdens can decrease intimacy.
6. Lack of Emotional Intimacy – Emotional disconnect can diminish sexual attraction.

Fault vs. No-Fault Divorce: Does It Matter?

Arkansas allows both fault-based and no-fault divorces.

• Fault-Based Divorce: Proving constructive abandonment (sexual refusal) can impact asset division and alimony.
• No-Fault Divorce: No proof of wrongdoing is required, making it faster and less contentious.

A fault-based divorce may be beneficial if the lack of intimacy caused emotional, psychological, or financial harm.

Do You Need a Divorce Lawyer in Arkansas? Legal Options

Filing for divorce on grounds of constructive abandonment can be legally complex. Consulting a divorce attorney can help you determine whether to file on fault or no-fault grounds.

Legal Resources in Arkansas:

• Traditional Legal Representation – Hiring an attorney for full-service legal guidance.
• Self-Help Legal Apps – Online tools like Your Law Coach provide DIY legal guidance for divorce.

Each case is unique, so seeking legal counsel can help protect your rights.

References

1. Arkansas Code Title 9, Chapter 12 – Divorce & Annulment Laws
2. Arkansas Family Law Court Guidelines
3. Legal Aid of Arkansas – Divorce and Marital Rights Resources

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