Alabama Property Division and Divorce Lawyer

Experienced Divorce Attorney Assisting with Property Division in the Northern Alabama Area Including Huntsville and Decatur

Divided house and wedding rings If you are going through a divorce, you probably have questions about how your property will be handled and it is important that you know what to expect. Please call (800) 621-3591 or contact us to speak to an experienced Alabama divorce attorney in Decatur or Huntsville, Alabama today. At the Littrell Law Firm, we handle property division divorce cases in Huntsville, Decatur, Athens, Hartselle and other cities throughout north Alabama.

Marital Property Division

You and your spouse may have been married for many years or for a shorter duration. The circumstances surrounding each asset or debt may impact how the court allocates them between the parties. The division of marital property is sometimes closely related to alimony. Please read our alimony page to learn more. We understand that every situation is unique. Our clients are sometimes surprised by the factors that impact the division of marital assets and debts. A consultation with an experienced Alabama divorce lawyer can provide you with the peace of mind of knowing what to expect regarding the division of marital property and your options going forward.

There are multiple factors that are considered in dividing property in an Alabama divorce, including:

Type of property
When acquired
How acquired
Treatment after acquisition

Property must first be proven to be “marital property” to be subject to division by the divorce court. Most property that is acquired during the marriage is marital property. Property that is acquired during the marriage as a gift or inheritance of one spouse usually is not considered marital property. Similarly, property that was acquired by one spouse before marriage is typically not considered marital property.

Section 30-2-51 of the Code of Alabama states the following regarding the division of property in a divorce:

(a) If either spouse has no separate estate or if it is insufficient for the maintenance of a spouse, the judge, upon granting a divorce, at his or her discretion, may order to a spouse an allowance out of the estate of the other spouse, taking into consideration the value thereof and the condition of the spouse’s family. Notwithstanding the foregoing, the judge may not take into consideration any property acquired prior to the marriage of the parties or by inheritance or gift unless the judge finds from the evidence that the property, or income produced by the property, has been used regularly for the common benefit of the parties during their marriage. Ala. Code § 30-2-51(a).

Property that is acquired before marriage, or by gift or inheritance, may be considered marital property if used for the mutual benefit of the spouses during the marriage. If income produced by separate property is used to benefit the marriage relationship, it may be considered marital property and subject to division by the court in a divorce action.

You may be able to negotiate a property division agreement with the other party. Mediation allows a neutral third party to aid in settlement negotiations. Mediation is completely private and confidential. The parties are not forced to reach an agreement. Mediators are typically experienced attorneys or retired judges that can help the parties reach a property settlement agreement.

Retirement Accounts

Alabama law requires that the parties are married for 10 years before retirement accounts are subject to division in a divorce. The court may award up to 50% of the retirement benefits to the non-covered spouse.

Section 30-2-51 of the Code of Alabama states the following regarding the division of retirement benefits in a divorce:

(b) The judge, at his or her discretion, may include in the estate of either spouse the present value of any future or current retirement benefits, that a spouse may have a vested interest in or may be receiving on the date the action for divorce is filed, provided that the following conditions are met:

The parties have been married for a period of 10 years during which the retirement was being accumulated.
The court shall not include in the estate the value of any retirement benefits acquired prior to the marriage including any interest or appreciation of the benefits.
The total amount of the retirement benefits payable to the non-covered spouse shall not exceed 50 percent of the retirement benefits that may be considered by the court. Ala. Code § 30-2-51(b).

An experienced Alabama divorce attorney will thoroughly investigate whether retirement benefits will be subject to division by the court. You may be able to reach an agreement avoid going to court. However, if you cannot agree on the division of retirement benefits, an experienced divorce trial lawyer will protect your rights by ensuring the proper evidence is presented to the court.

Misconduct Effect on Division

Section 30-2-52 of the Code of Alabama states the following regarding the impact of misconduct on the division of property in a divorce:

If the divorce is in favor of either spouse for the misconduct of the other spouse, the judge trying the case shall have the right to make an allowance to either spouse out of the estate of either spouse, or not make an allowance as the circumstances of the case may justify, and if an allowance is made, the misconduct of either spouse may be considered in determining the amount; provided, however, that any property acquired prior to the marriage of the parties or by inheritance or gift may not be considered in determining the amount. Ala. Code § 30-2-52.

Enforcing a Property Division

When a property division has been ordered and not followed, enforcement actions occur. Spouses that do not follow property division court orders in Alabama could face fines and/or jail time.

Please call (800) 621-3591 or contact us to speak with an experienced divorce attorney in Huntsville or Decatur, Alabama, today. Whether you are going through a divorce or are involved in a property division enforcement case, we will give our honest evaluation of your situation so you know what to expect and your options going forward.