Alabama Marital Property Laws

By Susan Buckner, J.D. | Legally reviewed by Susan Buckner, J.D. | Last reviewed June 04, 2024

Alabama is an equitable division state. Any property acquired by a couple after marriage becomes marital property. In a divorce case, marital property is subject to equitable distribution if the parties can’t agree on asset division.

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.

This article reviews some basic marital property laws in Alabama (see Ala. Code. Sec. 30-2-51).

Marital Property vs. Separate Property

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

Note: 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.

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:

The length of the marriage
The couple's standard of living
The financial needs of the parties after divorce, including education, training, and employability
Relative contributions to the marriage, including homemaking, child-rearing, etc.
Age and health of each spouse at the time of divorce

In family law matters judges aim for a fair property division. For instance, credit card debt acquired to renovate the house might be split between both parties, while credit card debt run up by one person for their own benefit might belong to that person alone. Student loan debt is marital property in Alabama, but courts will try to divide it fairly.

Other assets and liabilities divided in this way include:

Joint bank accounts
Retirement accounts and pensions
Some types of insurance policies
Real estate (any real property held as "tenants in the entirety" is marital property unless proven otherwise)

Marital Property Following the Death of a Spouse

Under Alabama law, it’s impossible to disinherit a spouse. Alabama's Probate Code gives the surviving spouse the right to inherit either one-third of the decedent's estate or the entire estate, less the surviving spouse's own separate property (see Ala. Code. Sec. 43-8-70).

Probate, like divorce, is a specialized area of law. If you have concerns about your property rights following the death of a spouse or want to protect your property before your death, you should consult a probate attorney.