How Property Is Divided In A Divorce In Alabama

October 7, 2019
Written on behalf of Daniel H. Chambers Attorney at Law, P .C.

Division of property laws vary from state to state. For divorce in Alabama, the courts divide marital property, debts and obligations owed between the spouses according to a system of equitable division of property.

Separate Property

This includes assets that:

• Belonged to the spouse before marriage
• Were gifted to the spouse as an individual during the marriage
• Were not commingled with marital assets

In Alabama, divorcing spouses are usually not entitled to the separate property of the other spouse. The division of property usually only involves shared property (Or “community property”).

Marital Property

Marital property, by contrast, covers a wide variety of assets, including:

• Career income, investment income, rent, etc.
• Assets belonging to a marital business
• Separate funds deposited in a shared bank account

Courts need to identify which assets are separate and which are marital. Once they figure this out, the assets will be appraised and equitable distribution will be determined.

What Is Equitable Distribution of Marital Property?

Judges are supposed to distribute marital property based on circumstances of your specific case. A number of factors influence the judge’s decision, including:

• Financial contributions of each spouse to the marriage and earning capacity
• The overall health of each spouse (accounting for age, as well)
• Marriage length
• Education level
• Post-divorce responsibilities of each spouse with regard to custody and care of children
• How property division will affect the tax liabilities of each spouse
• And more

How much weight a judge gives each factor depends on the facts of the marriage, the nature of the property, and the unique circumstances surrounding the divorce. Learn more here.

Contact A Birmingham Divorce Attorney To Handle Your Division of Property Issues

Attorney Daniel Chambers has dedicated his career to helping clients successfully resolve their complex property division issues. He understands that the division of property in a divorce proceeding can be complicated and is personally available to answer any questions or concerns you may have throughout the process. To discuss your division of property issues with a skilled Hoover, Alabama divorce lawyer, contact Daniel H. Chambers, Attorney-at-Law, PC, by calling 205-913-4057. You can also schedule your initial consultation by contacting Attorney Chambers online.