5 Things to Know About Legal Separation in Alabama

5 Things to Know About Legal Separation in Alabama

Silhouettes of a separated couple.

A high percentage of marriage won’t last until death parts the two spouses. It sounds rough, but it’s the reality. Divorce is one way to end a marriage, but another other legal option is through separation. Many couples opt for separation due to religious reasons. It can also be easier on children assuming both spouses remain cordial or civil.

If you’re considering getting a legal separation, the following are a few things to know based on Alabama Code:

  1. A legal separation does not end your marital status. You’ll live apart from your spouse and have your own finances, but you and your husband/wife are still married when it comes to legal matters. If you’re signing contracts, taxes, and other documents, you’ll need to mark your status as “Married”. You also won’t be able to remarry unless you get a divorce.
  2. If you and your spouse agree, your separation alimony can be carried over into a divorce (Should you choose to end the marriage permanently). However, the court can make changes to the provisions if they see fit.
  3. If you and your spouse provide written consent, either of you can transfer ownership of property without the other’s signature.
  4. The court costs for your separation may be taxed as if it was a dissolution of marriage.
  5. If your marriage ends permanently in divorce, your accumulated earnings post-separation won’t be brought into the equation.

This article should not be considered legal advice. If you need more information on legal separation or you’re in need of legal counsel, it’s best to speak with an experienced attorney, like Daniel H. Chambers, Attorney at Law, PC. Mr. Chambers is a respected attorney in the Alabama legal community who takes pride in successfully negotiating favorable outcomes for his clients.

Click here to get a free consultation with an experienced Birmingham, AL family law attorney.

We have used Daniel Chambers for legal services on several occasions since 2007 with excellent results. He has assisted our family in each matter with a professional yet tenacious manner. He has always been upfront about possible outcomes and honest about how to appropriately deal with challenging situations. I have recommended him several times over and will continue to do so. He has been an incredible asset to have on our legal team and we have always been satisfied with the results.

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