Alabama Divorce Property Division

What the Law Says

Alabama courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Alabama divides the marital estate equitably under Ala. Code §30-2-51; the statute enumerates no factor list, and the weighing of equities comes from Alabama case law. Property acquired before the marriage or by inheritance or gift is excluded unless it was used regularly for the common benefit of the marriage (§30-2-51(a)). Retirement benefits are divisible, but the award to the non-covered spouse may not exceed 50% of the retirement benefits considered (§30-2-51(b)(2)). The division must be equitable, not necessarily equal, and there is no statutory presumption of a 50/50 split.

Division Factors (Ala. Code §30-2-51)

What Alabama courts weigh:

1. The marital estate is subject to equitable division and distribution; the statute enumerates no factor list, and division factors come from Alabama case law (§30-2-51(b)(1))
2. Property acquired before the marriage or by inheritance or gift is excluded from the marital estate unless it was used regularly for the common benefit of the marriage (§30-2-51(a))
3. Retirement benefits are divisible, but the non-covered spouse's award is capped at 50% of the retirement benefits considered (§30-2-51(b)(2))

Common Questions