Divison of Assets in Alabama Divorce Cases

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.