11 Factors that Determine Equitable Distribution of Marital Property in AL

December 7, 2020
Written on behalf of Daniel H. Chambers Attorney at Law, P .C.

The divorce process raises many questions, and one of the big ones is how the property, finances, and more will be divided between the couple.

Like other areas of divorce, the division of property laws varies from state to state.

In Alabama, the courts divide marital property, debts, and obligations owed between the spouses according to a system of equitable division of property.

Shared marital property is often referred to as “community property”. Many other states have marital property laws that require the courts to evenly split the shared community property between the spouses.

But Alabama marital property laws give the courts flexibility when determining equitable, fair, and just ways to divide the property.

Judges determine the equitable distribution of marital property based on the circumstances of each case. A number of factors can and will influence the judge’s decision, including:

1. Financial contributions of each spouse to the marriage (for example, money spent on the other spouse’s education)
2. Other, non-financial contributions of each spouse to the marriage
3. The overall health of each spouse
4. Marriage length
5. Spousal education level
6. Earning capacity of each spouse following a divorce
7. Post-divorce responsibilities of each spouse with regard to custody and care of children
8. Marital living standard
9. Whether each spouse has substantial, separate sources of income
10. How property division will affect the tax liabilities of each spouse
11. The details of the property, such as the value, nature, and possible location of the property

How much weight a judge gives these factors depends on the unique nature of each divorce. For example, the court may choose to distribute the second home to the wife if the facts show that it is in a location that is very close to her family.

The court might then distribute other assets to the husband to ensure that the division of property is equitable.

This blog post should not be taken as official legal advice. If you need more information on divorce and equitable distribution of marital property, it’s best to speak with an experienced attorney, like Daniel H. Chambers, Attorney at Law, PC.

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Chambers is a respected attorney in the Alabama legal community who takes pride in successfully negotiating favorable settlements for his clients because he never wants his clients to spend a dime more than necessary.

Chambers is also prepared to fight for you in the courtroom. He prepares every case as if it will head to trial because he wants to be ready to make the best possible arguments on your behalf at the negotiating table and in court.

Get your free consultation with an experienced Birmingham, AL family lawyer.