Alabama is an “equitable distribution” state when it comes to the division of marital property. Equitable distribution means that the court shall divide the marital property in a fair and equitable manner. However, a fair and equitable distribution does not necessary mean equally (i.e. 50/50). This is contrast to common law distribution. In other words, the judge can give one party more of the marital assets than the other party. There is not a set of formulas that the judge uses in determining the equitable distribution. When dividing martial assets, the judge examines the facts and circumstances of each divorce case. When examining the facts and circumstances, the court uses different factors to determining the appropriate equable distribution. Some of those equable distribution factors are:
Alabama Equable Distribution Factors
- misconduct of either party
- length of the marriage
- contribution by the parties to an asset
Because each divorce case is different, it is difficult to advise a client what will be the ultimate distribution of the marital assets and debts. For example, the court could order an asset, such as a house, to be sold and the proceeds divided among the parties at a certain percentage. Conversely, the judge could give the house to one party and order that party pay the other spouse part of the equity in the home. The judge could give the house to one party and give the other spouse a different asset.
If you are in need of a Mobile divorce attorney, call the Monk Law Firm. I understand that problems don’t occur 9 to 5, and therefore, I am available on a limited bases to answer you questions on the weekends and after hours. Call today to discuss your divorce situation.