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How is property divided in a divorce in Alabama?

It is natural in any divorce to worry about how you both will deal with your shared property during the whole process.

In Alabama, courts divide up items according to several facets, many of which are subject to change for each person’s situation.

Equitable distribution

Although some states may simplify matters by dividing up property evenly in half, states such as Alabama look at multiple factors in a relationship. This can be beneficial to someone who has not worked outside the house in order to support his or her spouse, such as a stay-at-home parent.

The longer you are out of work, the less likely it is that you will be able to find a job where you can make the same amount of income to support yourself as the quality of life during your marriage. This factor is commonly known as earning potential, which is a part of equitable distribution laws.

Other factors in the decision

Any money or property you gained before marriage is not under scrutiny, unless you shared it with your spouse and used it often during the length of the marriage. Community property, also known as the items you shared, is subject to division. Also, judges honor prenuptial agreements in Alabama.

Nonmonetary contributions count towards this process. In addition to homemaking, if you supported your spouse while he or she went back to school, you may receive a larger amount of the property. There is no set list of factors you must only consider in the court while dividing up property. This leads to more flexibility while deciding who gets which assets depending on the argument presented.

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