What does it mean to have an equitable distribution? As contrast to being a state that follows the model of communal property, Alabama follows the model of fair distribution. This implies that the property and debts that were accumulated during the marriage will be divided between the parties in a manner that is as equal and fair as possible.
However, equitable does not mean equal. This is a mistake that many people make. When choosing how to divide the property, the court will typically not divide it equally and will instead take into account a wide range of considerations. The law does not specify a hard and fast rule on the manner in which the property must be split in situations like these.
Instead, a large degree of discretion is granted to the trial court in order to determine what constitutes an equitable distribution. It is important to have an experienced divorce attorney on your side throughout this process because whatever the judge decides is typically not disturbed on appeal unless the appealing party can prove clear abuse of judicial discretion or an error in law.
Because of this, it is important to have a knowledgeable divorce attorney on your side. The following are some of the considerations that the court will take into account when considering how to split the debts and assets: Standard of living during the marriage Length of the marriage Age and health of each spouse Whether one parent provided services as a wage earner, parent, or homemaker Type, course, and value of property Any relevant tax consequences of distributing the property Individual needs of each spouse, including the present and future earning potential Alternative sources of income (such as retirement b) (if the marriage is filed on fault-based grounds) It is essential to keep in mind that just because one spouse held property previous to the marriage does not automatically guarantee that that spouse will walk away with it once the marriage is over.
Even if the judge decides to give that residence a larger share of the total value, it will very certainly be regarded as part of the couple’s shared marital property, the value of which will be subject to distribution.
Who gets the house in Alabama divorce?
It’s possible that going through a divorce can make you feel as though your entire life has been turned upside down and that nothing will ever be the same again. Because of the emotional ties that many individuals have to their houses, they are quite concerned about the prospect of being forced to relocate as a consequence of the divorce.
People have numerous reasons for wanting to maintain their house, even if it does not feel like a safe place to anchor themselves during turbulent times. People have many reasons for wanting to keep their home. People frequently continue to raise children from previous relationships in their married home, and they understandably wish to maintain as much continuity and stability in their lives as they can for the sake of their children even while they go through significant life transitions.
Others could be taking care of animals on the property, or they might have a company that is located on the premises that they want to make sure is secure. It is the most natural thing in the world to want to keep the home that you have built for yourself, regardless of the reasons behind this desire.
- The question now is how the judge chooses which party gets to keep the house.
- Getting an Estimate of the Home’s Value The first thing you need to do in this process, regardless of what you will ultimately decide to do with the house that you and your spouse have shared, is to get an estimate of the home’s value.
Performing a market value evaluation is typically the simplest method for accomplishing this goal. At this point, the only component that might prove challenging is reaching a consensus on the property’s value between you and your spouse. You have the option of jointly appointing an experienced appraiser or asking the court to do so on your behalf if you are unable to reach an agreement with the other party over the worth of the house.
It is critical that you ascertain the worth of your property since, in the event that it is ultimately sold, the proceeds from the sale will be divided equally between you and your husband. If just one partner stays in the house, the other partner may be entitled to financial compensation for their portion of the equity in the property.
Ensure that Homeownership is a Realistic Option All too frequently, people become so emotionally invested in the notion of retaining ownership of their house that they are unable to accurately and objectively evaluate what it would take financially to do so.
You might be surprised to find out how tough it is to finance the property taxes, mortgage payments, and maintenance expenditures as a single person living on a single wage, even if you have lived in the same house for the past twenty years. Before making a decision about what you want to do, it is important to first do a thorough and forthright analysis of the finances, and if required, discuss your options with a financial professional.
How does the court decide which party will be awarded the house? The courts in Alabama usually give preference to the spouses making their own decisions on who receives the house and any other marital assets. If the couple in question is unable to reach a conclusion on their own or with the assistance of their attorneys, the court will step in and make the choice for them.
For this reason, it is always to everyone’s advantage to come to a mutual arrangement with your spouse prior to going to court if it is at all feasible to do so. At this point, you and the other person will have the most influence on the result. After then, the decision is going to be left up to the discretion of the court.
The court may take into consideration a number of factors when deciding which spouse will get the house. These factors include: whether the home was initially purchased as a shared home or was purchased independently by one of the spouses; the financial status of each spouse and their ability to pay for the house’s expenses and upkeep; which spouse has primary custody of the children; the value of the home; infidelity on the part of either spouse during the marriage that led to the divorce; and the mental anguish suffered by either spouse.
In Alabama, the question of whose parent is primarily responsible for rearing the children is frequently decisive. The courts take into consideration what is in the kid’s best interest, including the fact that it is in their best interest for them to remain in the same home environment and school district even if it means giving the house to the parent who does not have custody of the child.
Having said that, this is not an ironclad rule, and there are invariably going to be exceptions. If there is not an overriding cause for one party or the other to have the property, the court will frequently choose the strategy of “selling the home and dividing the earnings” on a marital dwelling.
- This is done in the event that there is no compelling justification for either party to have the home.
- When there is a debate over the worth of the property OR who should receive the home, it is a straightforward strategy from their point of view to take this method.
- When you have a strong view about the resolution of this particular issue, one strategy that you should consider doing is to try to work it out with your spouse.
This is one of the reasons why this is the superior option. Talk to an Alabama Divorce Lawyer If you are thinking about getting a divorce and live in the Birmingham area, Peeples Law has experienced divorce lawyers that can help you. We are prepared to advocate on your behalf with passion and are committed to ensuring that you receive the equitable divorce settlement that you are entitled to as well as the most favorable outcome for your family.
How are assets split in a divorce in Alabama?
Which belongings and obligations will be subject to the division? When a married couple in Alabama decides to divorce, their belongings, including their money, property, and other assets, are separated into two categories: separate property and marital property.
- In general, whatever that each spouse held before they were married is considered separate property, even if there are definite exceptions to this rule in rare situations.
- In the event of a divorce in the state of Alabama, it is common practice for each spouse to retain ownership of his or her own distinct property.
On the other hand, marital property is typically defined as any assets that either spouse earned, developed, acquired, or otherwise received while they were married. This can include anything from a car to a house to a business. Property that was acquired by either spouse over the course of the marriage is considered to be marital property.
How long do you have to married to get half in Alabama?
The majority of the property that a married couple obtains throughout their marriage is regarded by the courts in Alabama as marital property rather than separate property. Regardless of whether spouse really owns the property, the law gives the court the authority to decide how the property should be divided based on what the judge believes to be fair.
- If one partner owned property prior to the marriage, received it as a gift or inherited it from the other partner, the court will almost always regard such property to be the other partner’s separate property and will not share it during a divorce proceeding.
- However, the judge can grant an exception to this rule if the property in question was utilized over the course of the marriage in a way that was beneficial to both parties.
For instance, a court can decide that the couple’s home is marital property (in whole or in part), despite the fact that it had previously belonged entirely to one of the parties before to the marriage. In most cases, the courts will not do this unless the marriage was particularly lengthy or the circumstances were particularly peculiar; nevertheless, this does not always indicate that the court will split the asset evenly between the spouses.
- If the couple was married for at least ten years, the court presiding over the case may decide to give one spouse a share of the retirement assets held by the other spouse.
- The court is not permitted to factor into the distribution advantages that one of the spouses earned before to the marriage, regardless of how long the marriage lasted.
Additionally, the covered spouse has to be receiving benefits or at the very least have a vested interest in the benefits at the time the divorce petition is filed in order to be eligible for those benefits. The non-covered spouse is not permitted to receive more than half of the benefits that are available for division, and they are not permitted to begin collecting benefits until either the covered spouse reaches the age of 65 or begins receiving benefits themselves.
If a couple decides to make their own agreement, they are free to distribute their assets anyway they see proper. If a couple has a prenuptial agreement that specifies which types of property will be considered separate and which will be considered marital, then the process of splitting property can be simplified significantly.
How is Property Divided in a Divorce? | Huntsville Alabama Divorce Attorneys | David Pace |
It is possible for separate property and marital property to become intertwined, a process that is sometimes referred to as “commingling.” For example, a premarital bank account that belonged to one spouse before the marriage can become marital property if the other spouse makes deposits to it.
- Similarly, a house that was previously owned solely by one spouse can become marital property if both spouses contribute to the payment of the mortgage and other household expenses.
- If the couple is unable to agree on who owns what, the judge will have to decide whether any or all of the commingled property was a “gift” to the marriage, in which case the original owner should not be reimbursed in whole or in part for the commingled property.
If the couple is able to come to an agreement, the judge will decide who owns what.
Is a house owned before marriage marital property in Alabama?
Property That Is Considered to Be Marital in Alabama In Alabama, the majority of property that is obtained over the course of a marriage is going to be regarded as marital property. As a result, a home that is acquired by a married couple after they have already tied the knot is going to be regarded as marital property and will be subject to equitable division under the terms established by the judge.
On the other hand, a residence that was acquired by one spouse before the marriage or that was inherited by only one spouse after the marriage is very certainly going to be regarded as separate property. This is not often the case, however, particularly in situations in which the individual property in question was utilized over the course of the marriage for the mutual advantage of both parties.
In these kinds of circumstances, the court may decide that the property in question is, in fact, marital property, regardless of how the spouses came by it.
How is alimony calculated in Alabama?
How Does the Amount of Alimony Get Figured Out in the State of Alabama? Unlike the state’s standards for determining child support, the law in Alabama does not establish a formula for determining the amount of alimony to be paid. Instead, it is the responsibility of the court to determine what is equitable by taking into account the requirements of the spouse who is receiving the support as well as the financial resources of the partner who is providing it.
What is considered community property in Alabama?
Is it only after a divorce that the state of Alabama would share property that was acquired during a marriage? In the state of Alabama, only real estate and other assets that qualify as “marital property” or “community property” can be subject to equitable distribution in the event of a divorce.
- This indicates that some privately held assets acquired throughout the course of the marriage are exempt, as well as any property that was exempted previous to the marriage that was owned by either spouse.
- As a result of contributions made by the other spouse or the commingling of assets, certain pieces of personal property may be deemed to be “partially community property” or even judged to be totally community property.
This can make the process of dividing up the couple’s belongings more difficult.
How many years do you have to be married to get alimony in Alabama?
Various Forms of Spousal Support The state of Alabama recognizes the following as the four primary forms of spousal support payments: In the event that one of the parties to the divorce has a significant financial obligation to the other during the pendency of the divorce proceedings, the payor spouse may be required to make payments to the receiving spouse in the form of interim support.
After the divorce decree has been completed, this kind of spousal support is terminated immediately. The term “periodic alimony” refers to payments that are provided on a regular basis from one spouse to the other for a certain amount of time. The provision of rehabilitative alimony is by far the most prevalent kind of periodic alimony.
In this arrangement, one spouse provides payments to the other until the receiving spouse is able to obtain acceptable job and become financially independent. Although there are few exceptions to the rule, a new statute in Alabama places a five-year time restriction on the payment of rehabilitative alimony following the dissolution of a marriage.
- The term “alimony in gross” refers to the practice of one spouse making a greater one-time payment to the other as opposed to spreading out smaller payments over a longer period of time.
- Perpetual alimony – It is quite unusual for the courts to provide permanent alimony to one of the spouses.
- In most cases, the judge will not provide permanent alimony unless the parties have been married for at least 20 years and the receiving spouse can establish that they have a serious financial need.
Permanent alimony payments may be terminated if the receiving spouse afterwards enters into a new marriage or moves in with another significant other.