Alimony and Division of Property During a Divorce in Alabama

Going through a divorce can be a challenging and emotional experience, and one of the most important issues that must be addressed is alimony and division of property. In Alabama, these issues are governed by state law, and it is important to understand how they work to ensure that your rights are protected during the divorce process.

Alimony, also known as spousal support, is a payment made by one spouse to the other following a divorce. The purpose of alimony is to provide financial support for the spouse who is not able to support themselves after the divorce. There are different types of alimony in Alabama, including periodic alimony, rehabilitative alimony, and lump-sum alimony. Periodic alimony is awarded for a specified period of time, while rehabilitative alimony is awarded to help the spouse obtain education or training to become self-supporting. Lump-sum alimony is a one-time payment made in lieu of ongoing payments.

In order to qualify for alimony in Alabama, certain criteria must be met. The marriage must fit into certain restrictions such as length of marriage and marital misconduct. Marital misconduct can include adultery or abuse and can affect the amount of alimony awarded. Additionally, when determining whether or not to award alimony, courts will consider factors such as age and health of each spouse, earning capacity of each spouse, standard of living during marriage, duration of marriage and contributions made by each spouse during the marriage.

The amount and duration of alimony awarded will depend on several factors, including the length of the marriage, the income and earning potential of each spouse, and the financial needs of each spouse. In Alabama, the court will consider these factors and others to determine whether to award alimony and, if so, how much and for how long.

In addition to alimony, property division is another important issue that must be addressed during a divorce in Alabama. Property is divided based on the principle of equitable distribution, which means that property is divided fairly, but not necessarily equally, between the spouses. The court will consider factors such as the length of the marriage, the contributions of each spouse to the marriage, and the earning potential of each spouse when deciding how to divide property.

In Alabama, marital property is subject to division, while separate property, such as property acquired before the marriage or through inheritance or gifts, is not. Marital property includes all property acquired during the marriage, including real estate, personal property, and financial assets such as bank accounts and retirement accounts. The court will consider the value of marital property and how to divide it fairly between the spouses.

It’s important to note that not all property acquired during a marriage is considered marital property in Alabama. Separate property such as inheritances or gifts received by one spouse are not subject to division during a divorce. Additionally, any debts incurred by either spouse prior to marriage are also separate from marital debt and are not subject to division during a divorce settlement.

Overall, alimony and division of property are complex issues that require careful consideration and legal guidance during a divorce in Alabama. It is important to work with an experienced family law attorney to ensure that your rights and interests are protected during the divorce process. A qualified Alabaster divorce attorney can help you understand your legal rights and options and work to achieve the best possible outcome in your divorce case.