Who gets the house in a divorce in Alabama?
In Alabama, as in many other states, the division of property in a divorce is based on the principle of equitable distribution. This means that marital property is divided fairly, but not necessarily equally, between the spouses.
Marital property generally includes assets and debts acquired during the marriage, while separate property usually includes assets owned by one spouse before the marriage or received as a gift or inheritance during the marriage. In Alabama, separate property is typically not subject to division in a divorce.
The court will consider various factors when determining the equitable distribution of marital property, including:
- Duration of the marriage
- Contributions of each spouse to the marriage, including homemaking and childcare
- Each spouse's financial situation and earning capacity
- Conduct of the parties during the marriage
- Future financial needs of each spouse
It's important to note that equitable distribution doesn't always mean a 50/50 split. The goal is to achieve a fair distribution based on the specific circumstances of the case. If the spouses can reach an agreement on the division of property, the court will typically approve it as long as it is deemed fair and reasonable.
It's advisable for individuals going through a divorce in Alabama to consult with a family law attorney who can provide guidance based on their specific situation and the current state of the law. Call Birmingham family law attorney Sam Dixon today at (205) 616-8896 for a free consultation.