Divorce proceedings cause drastic changes in people’s daily lives and finances. Spouses must cover the cost of divorce. They may be responsible for alimony or spousal maintenance. They may also need to pay child support. Additionally, the divorce process requires a division of all marital property. The longer that people remain married, the more assets they may have accumulated during the marriage that they then need to divide when they divorce.
It is relatively common for people contemplating divorce due to the decline in their marital relationship to worry about the financial losses sustained when dividing the marital estate. Do spouses in Alabama need to split everything they own evenly when they divorce?
Even splits are not the Alabama standard
A 50/50 or even split of marital property may be the outcome of negotiations between spouses. Divorcing couples can set their own terms through mutual agreement or defer to a prenuptial agreement that requires an even split of their assets to avoid divorce litigation.
Additionally, those litigating property division matters in community property states might need to divide their assets and debts evenly. Alabama is not a community property state. Instead, the law requires the equitable division of the marital estate.
Couples can reach their own arrangements based on what they believe is fair. They can also ask a judge to evaluate property disclosures and marital circumstances to decide what is equitable. Judges consider many factors when they must settle disputes about property division.
It is common for one spouse to receive more marital property or to have responsibility for more marital debt than the other. Factors including earning potential, paid and unpaid contributions to the marital estate, the length of the marriage and even custody arrangements can guide what a judge believes is fair for the purposes of property division.
Those preparing for divorce often obtain the best long-term outcomes by reviewing their marital estate in advance, discussing their long-term priorities with an attorney and setting clear goals before they begin negotiating or building a case for family court. Consulting an attorney can help people understand the Alabama approach to property division and how to protect themselves during a divorce.