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What is Considered Marital Property in a Divorce in Alabama?

Posted by Sam P. Dixon, III | Feb 06, 2024 | 0 Comments

Marital property refers to assets and debts acquired by either or both spouses during the course of their marriage. The exact definition and classification of marital property may vary depending on the jurisdiction, as different states or countries have different laws governing marital property division. If you want specific answers that relate to your unique situation, contact Dixon Law, LLC online or at (205) 616-8896 to schedule a Free Consultation.

Here are some common principles:

  1. Assets acquired during marriage: Generally, any property acquired by either spouse during the marriage is considered marital property. This includes income earned by either spouse, real estate, vehicles, investments, and personal belongings purchased or acquired during the marriage.

  2. Jointly titled property: Property that is titled jointly in both spouses' names is typically considered marital property. This can include real estate, bank accounts, and investments held jointly by the spouses.

  3. Commingled assets: Assets that were originally separate but have become mixed or combined with marital assets during the marriage can also be considered marital property. For example, if one spouse's inheritance is deposited into a joint bank account and used for marital expenses, it may be considered marital property.

  4. Increase in value of separate property: If separate property owned by one spouse increases in value during the marriage due to the efforts or contributions of both spouses, the increase in value may be considered marital property subject to division upon divorce.

  5. Retirement benefits and pensions: Retirement benefits, such as 401(k) accounts, pensions, and IRAs accumulated during the marriage, are typically considered marital property, regardless of which spouse earned them.

  6. Debts incurred during marriage: Debts acquired by either spouse during the marriage, including mortgages, credit card debts, and loans, are generally considered marital debts and may be divided between the spouses upon divorce.

It's essential to note that marital property laws can be complex and may vary significantly depending on the jurisdiction and individual circumstances. In some cases, prenuptial agreements or postnuptial agreements may impact how marital property is classified and divided in the event of divorce. Consulting with a qualified attorney who specializes in family law can provide personalized guidance on marital property issues.

Contact a Divorce Lawyer in Birmingham, Alabama Today

If you have a divorce case involving marital property, Dixon Law, LLC in Birmingham, Alabama will address your concerns and guide you through the process. Contact us by filling out the online form or calling us at (205) 616-8896 to schedule a Free Consultation.

About the Author

Sam P. Dixon, III

Mr. Sam P. Dixon, III was born in Mobile, Alabama. The great-grandson of the Alabama Governor, Frank Dixon, Sam has come from a long family history of politics and the legal profession. Mr. Dixon always admired and respected the legal profession and aspired to help people obtain justice and fairn...


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