When considering divorce in Alabama one of the first things to consider after children and custody is the division of marital assets. Alabama is not a 50/50 state it is court of equity and will seek to make an equitable distribution of marital assets. This is not 50/50 because factors can be considered that may make the equitable distributions more or less than equal.
For instance, if one spouse committed adultery during the marriage, that is a fault based ground to be considered by the court in the division of property. That fact could result in a greater percentage of the marital property going to the unoffending spouse.
The same can be said of marital debt. If any fault based grounds are proven during a divorce then the court may in its discretion assign the offending spouse a greater share of the marital debt while maintaining an equitable division.
