Alabama Divorce Laws | Property Settlement


Alabama recognizes common law marriages and is an equitable distribution state, meaning that if the parties can\'t agree, the property will be distributed in an equitable fashion, not necessarily equally.When the spouses do not stipulate to how their property is to be divided amongst them, the court will do so in an equitable fashion. The court will determine what property is marital and after putting a value on this property, it will distribute a portion to each spouse. The court does not have the right to distribute any separate property that was obtained before or during the marriage. The separate property consists of, but is not limited to: gifts and inheritances, unless these gifts and inheritances have been used to benefit both spouses as a married couple. These items will be categorized by the court. Marital misconduct may be a consideration by the court when distributing the property as stated under Alabama divorce laws.

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