Alabama Divorce Property Division Attorney
Property division in divorce is the process of splitting assets that spouses accumulated together during their marriage. It can be a complex and contentious part of the divorce. When you are facing property division concerns in Alabama, you need someone who thoroughly understands the laws that govern property division and who can advocate for your interests.
As the sole attorney at Richard E. Mather Attorney at Law, I am prepared and equipped to provide you with the divorce representation you need, both inside and outside the courtroom. Schedule an initial consultation with me today by calling 251-239-3089.
Understanding Alabama’s Marital Property Laws
In Alabama, property division is governed by equitable distribution laws. Under these rules, courts tend to focus on what is fair rather than what is equal when splitting up marital property. To determine what is fair, they will account for things like:
- How long the couple was married
- Each spouse’s financial circumstances
- The potential future income of each spouse
- How much each spouse contributed to the marriage
- The couple’s standard of living
- Each spouse’s age
- Each spouse’s health
- If there are any children in the family
I recognize that your circumstances are unique and that they can play a crucial role in determining who receives what. As your property division attorney, I can help you seek the a fair division of your assets and debts. If you have any questions about your situation, please don’t hesitate to reach out at any time.
The Importance Of Marital Vs. Separate Property
If you are wondering which of your assets will be subject to division during your divorce, it’s crucial to determine which assets are marital property and which ones aren’t, as assets that are considered marital property are typically the only ones subject to division. Marital property can include any assets accumulated during the marriage. Often, these matrimonial assets can include:
- The family home
- Shared bank accounts
- Shared investment/retirement accounts
- Pets
- Furniture
- Vehicles
Separate property, on the other hand, includes any assets that you acquired before the marriage, or assets that you acquired individually, such as inheritances or gifts.
Can Property Accumulated Before The Marriage Still Be Subject To Division?
Typically, assets that couples have before they enter the marriage are not subject to division. However, there can be some exceptions to this rule. For example, if the asset is comingled with marital assets, it could still be subject to division, as a court may consider it indistinguishable from the marital estate. Separate property could also be labeled as marital property if one can prove that the asset was used to benefit the marriage.
How Long Does Property Division Typically Take In An Alabama Divorce?
There is no specific timeframe for how long it can take. The time it takes can all depend on the:
- Amount of assets involved
- Complexity of assets involved
- Conflicts and disagreements surrounding what is and is not marital property
- Alabama state family court backlogs
- Need for appraisal/valuations of certain assets
How long property division takes for you can all depend on the specific circumstances you are dealing with in your divorce.
What Makes Dividing Retirement Assets So Difficult?
Since dividing retirement assets can have tax implications, splitting them up amid a divorce can be more cumbersome. To divide them without triggering taxes, spouses may need to rely on a qualified domestic relations order (QDRO) to sort things out efficiently. Spouses may also need to rely on a QDRO if they have retirement plans through a government or military job. If you have any questions about QDROs, I am happy to answer them for you.
What Happens If One Spouse Hides Assets?
If one spouse is found to be hiding assets during property division, they could be held in contempt of court and may have to pay some form of restitution. If you believe your spouse is hiding assets, I can help you uncover them and seek the appropriate penalties on your behalf.
Work With A Property Division Attorney Who Is Ready To Fight
When resolving marital property division matters, the attorney you hire can make a difference. I am committed to fighting for your rights and ensuring that you receive a fair share of the marital assets. Unlike other lawyers who might settle outside of court, I am prepared to take your case to trial if necessary and will relentlessly pursue the outcomes you want.
To schedule a consultation at my Mobile office, you can call 251-239-3089 or email me through my contact form.