People thinking about divorce often have very little information about the process. What they know may come from movies or books. Unfortunately, given the differences in laws in every state, what people have read or seen about divorce may not apply in their case. The laws in Alabama are different than the laws in Kentucky. Spouses preparing for divorce need to learn about the state statutes that apply to them. That way, they know what to expect and how to approach the process to secure the best possible outcome.
Property division is one of the most important issues to address in the divorce. What is Alabama’s approach to asset division?
Alabama is an equitable distribution state
People can theoretically classify all of the states into one of two categories. They either have an equitable distribution statute or a community property statute. Some states have modified community property rules that are effectively like equitable distribution rules.
Alabama is an equitable distribution state, like a majority of other states. A judge hearing a litigated property division case has to seek out solutions that are fair. To do so, they have to review an inventory of assets and debts. They also have to learn about the spouses. Their health, earning potential and contributions to the marriage are all among the factors that influence what might be a fair outcome. Judges then allocate assets and debts in a manner that they believe is reasonable.
Understanding the rules that apply in an Alabama divorce can help people feel more confident about filing. Equitable distribution rules generally mean that both spouses can expect to receive a fair portion of their marital estate when the courts finalize their property division decree.
