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What Is Marital Property And What Happens To It In A Divorce?

Nearly every divorce requires some division of property. Alabama state law defines which property will be divided, but there are some gray areas that can be confusing.

In general, marital property is any property that a couple acquires during the marriage. If you owned something before the marriage, or received it as a gift or inheritance, that is usually not considered marital property; however, there are exceptions to this general rule.

During the divorce process, the court is charged with the responsibility to equitably divide all assets and debts that make up the marital estate. Equity does not mean an equal allocation, as the facts of a case will ultimately determine what constitutes equity.

Do Alabama Courts Award Alimony?

Alimony, sometimes referred to as spousal support, is a set monthly amount to be paid by one former spouse to another for a set period of time. The award of alimony is not a right of either party but is a discretionary decision made by agreement or the court. There are many misconceptions regarding alimony. Being aware of your rights or responsibilities is the key to a fair and equitable consideration of this process.

Find Out More About Dividing Marital Property

Every case is unique, but some are much more complex than others. The Law Office of Joshua B. James, LLC, has over a decade of experience resolving complicated divorces. We are not afraid to take on cases other attorneys turn down.

Dividing property in a divorce can be a very complicated matter. For a free initial consultation with a lawyer, fill out our online form or call our Montgomery office at 334-356-2521.