One of the most challenging and confusing aspects of divorce is the division of property. Although some couples have almost no trouble reaching an amicable settlement, others need a mediator or a divorce attorney to broker an agreement. Here are some property issues you should be aware of if you are considering or undergoing a divorce in Alabama.

Factors That Affect How Assets Are Distributed

Because Alabama is among those states that practice the equitable distribution of property, divorcing couples can’t negotiate allocation. The court steps in and divides property equitably in a manner it sees fit. Many factors influence the court’s decision, including income and the financial situation of each spouse, length of the marriage, property taxes, custody of children, or issues of adultery or abuse.

It’s better if couples arrive at an understanding about property allocation without the involvement of the court because it’s hard to predict the outcome of a court’s assessment. Although Alabama is more likely to divide assets equally the longer the marriage lasted, it doesn’t always do so. A knowledgeable divorce attorney can discuss property settlement with you so that you’re better informed.

How Will Assets Be Split?

Every divorcing couple in Alabama will have their property, money, and other assets categorized as either separate property or marital property. In general, separate property refers to possessions owned before the marriage. During divorce proceedings, spouses will almost always be permitted to keep their respective separate property. Marital property, on the other hand, refers to assets that spouses obtained during the marriage. Investments, savings, business assets, and real estate are all subject to division.

If a couple buys a house after getting married, it will fall under marital property and will be equitably divided by the court. Conversely, a house inherited by one spouse before the marriage will likely be categorized as separate property. However, the court may decide otherwise. If both parties benefited from an inherited property during the marriage, it may be equitably distributed, not retained as separate. A trusted divorce attorney can clarify the nuances of the law. 

It’s difficult to make crucial decisions when you are dealing with a divorce. Trust an experienced divorce attorney from Edmiston Law Office. Located in Scottsboro, AL, they can you help get through this emotional period, and help you obtain what you deserve in your divorce settlement. You can also depend on this full-service law firm to handle cases involving family law, criminal law, DUI, personal injury, and other legal areas. Call them today at (256) 259-0834 to schedule a consultation, or visit their website to learn more about their attorneys.