Divorce is a difficult experience to go through, made even more so when the couple involved isn’t able to reach agreeable terms on issues such as child custody, alimony, or the division of assets. Every state has its own rules for working out each of these matters, but the process of distributing property can be especially challenging to understand. This is why it’s important to consult with an attorney who can clarify what to expect. As Donna C. Crooks Attorney At Law of Dothan explains, Alabama is an equitable distribution state, meaning the court will decide how assets should be divided if the divorcing couple cannot agree on their own. Below, she explains how this is done. 

 Attorney Shares How Property Division in Alabama Divorces Works

Marital vs. Separate Property 

Before any property can be divided, the court must distinguish the couple’s marital assets from any assets that are owned separately by each party. To do this, they will consider what was purchased together during the marriage as opposed to what one spouse purchased before the marriage or inherited after. However, if a particular item was used to benefit both individuals while the marriage was intact, the court may decide to treat it as marital property regardless of how it was obtained. 

Factors Used to Decide the Division of Assets 

There are several factors the court will take into consideration when determining how to divide assets in a divorce. An attorney will help ensure their client understands these factors clearly, which may include the length of the marriage, each spouse’s contribution to the marriage, the earning capacity of each party, the standard of living enjoyed during the marriage, child custody orders, and the potential tax consequences related to property division. Although every judge has the authority to rule as they see fit, the longer a couple has been married, the more likely their assets will be distributed equally. 

The division of assets is a complex legal issue that is best handled by an experienced attorney. If you are in the midst of a divorce, Donna C. Crooks Attorney At Law will help you gather the evidence you need to show your financial and domestic contributions to the marriage. For more than 20 years, she has remained dedicated to ensuring the residents of Enterprise and Dothan, AL, are awarded all the assets they’re legally entitled to. Contact her practice at (334) 598-9534, or visit her online to learn more.