{"id":371345,"date":"2016-03-31T21:34:18","date_gmt":"2016-04-01T02:34:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alabama-law\/alabama-marital-property-laws.html"},"modified":"2024-06-04T13:17:24","modified_gmt":"2024-06-04T18:17:24","slug":"alabama-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/alabama-marital-property-laws.html","title":{"rendered":"Alabama Marital Property Laws"},"content":{"rendered":"\n
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Alabama Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Alabama is an equitable division state. Any property acquired by a couple after marriage becomes marital property<\/a>. In a divorce case<\/a>, marital property is subject to equitable distribution if the parties can\u2019t agree on asset division.<\/p>\r\n

Alabama has no community property laws. In a community property state, the divorce process divides marital assets 50\/50. In an equitable distribution state like Alabama, family law courts consider other factors beyond an equal division of property.<\/p>\r\n

This article reviews some basic marital property laws in Alabama (see Ala. Code. Sec. 30-2-51<\/a>).<\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

In all states, everything acquired before marriage is separate property. <\/b>Anything acquired during the marriage is marital property. <\/b>It may become marital property through use or gift (transmutation<\/a>). Each state has different rules<\/a> on dividing property during a divorce.<\/p>\r\n

Note<\/b>: State laws are subject to change through the passage of new legislation, rulings in higher courts (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. Please consult an attorney or conduct your own legal research to verify the state law(s) you are researching before making any legal decision.<\/i><\/p>\r\n

In an Alabama divorce case, judges equitably split marital assets rather than dividing marital property equally. Separate property remains in the possession of the owner, but marital property gets divided with consideration of:<\/p>\r\n