What Exactly Is Alabama Marital Property, and How Is It Split During Divorce?

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The splitting of marital assets and obligations among the parties throughout a divorce procedure is one of the most frequent services an Alabama divorce lawyer provides. In Alabama, there are a lot of divorce cases without children, yet practically all divorces call for the distribution of the party’s assets. You must look up Birmingham divorce lawyer near me if you need help with your divorce.

It is crucial that an educated and skilled divorce lawyer analyze, negotiate, and draught property settlement agreements in as much detail as possible. And a court order must be precise, explicit, and represent the desire of the divorce parties. Property agreements that are poorly drafted can lead to future legal problems and lawsuits.

Equitable Property Distribution

Regarding the partition of property, Alabama follows the equitable distribution principle. Alabama does not have an equitable partition act, hence the law is essentially a product of state law. This law merely requires that assets and obligations be distributed fairly, not equally.

When parties consent to a court’s equitable jurisdiction, they are granting the Alabama judge the authority to determine what is fair in terms of the division and allocation of all assets. This means that a judge may award all of the parties’ assets to just one party, 85% of the parties’ assets to one party, or something similar if it is seen to be equitable.

Alabama Is Not a State with Community Property

The division of marital assets is handled differently in other U.S. states than it is in Alabama. These are referred to as community property states, along with California. A community property state, as opposed to an equitable one, demands an equal allocation of assets during the marriage.

Does Misconduct Affect the Property Settlement in an Alabama Divorce?

An Alabama property division may be impacted by misconduct, including infidelity, domestic violence, drug abuse, being abandoned, and similar offenses. In Alabama, a judge has the authority to grant accommodations to either spouse as a result of the wrongdoing. Simply put, a judge may modify a property divide to favor the spouse who did not misbehave. 

Once more, if you commit adultery, an Alabama judge may use it against you in a divorce and give the non-offending party a larger share of the marital estate.

Property Division in Alabama: Factors to Consider After a Divorce

There are numerous arguments in favor of a fair distribution of assets in Alabama. The following list of typical factors is used when a marriage is dissolved:

  • Misconduct
  • Ages 
  • Length of Marriage 
  • Parties’ Sexual Health
  • Contribution to the Marital Estate by the Parties
  • Future Possibilities