AR HB1810

Creates a new legal framework in Arkansas Code Title 28, Chapter 72 for "qualified spousal trusts" established by two married settlors with property held jointly or in separate shares.

Allows qualified spousal trusts to be structured in three ways: as a single trust revocable by either or both settlors, as two separate shares each revocable independently, or under combined terms of both approaches.

Grants property held in qualified spousal trusts the same creditor protection as tenancy by the entirety property under both state and federal bankruptcy law, unless the marriage dissolves.

Preserves the property rights of each settlor during marriage dissolution unless both settlors agree otherwise in writing, ensuring the trust transfer does not automatically affect marital property division.

Provides that after the first settlor's death, their separate share may pass into an irrevocable trust for the surviving spouse's benefit, and after both deaths, property distributes according to the trust's governing terms.