Equitable Distribution of Property

Dividing joint property during a divorce is stressful.

If you need a divorce attorney on your side, contact The KJ Law Firm in Montgomery, Alabama.


Equitable Division of Property in Alabama
Two chairs, one table. Can they be distributed “equitably”?

Division of Property in Alabama

When you’re divorcing, one of the things you and your soon-to-be ex have to do is determine how your assets will be divided.

While you each have the right to those items you owned before the marriage, the things you purchased while together are usually considered joint property.

If you’re in the process of divorce, it helps to know what impacts how the court will divide your property if you can’t come to an agreement.

Equitable Distribution Law

Alabama courts are tasked with dividing assets, property, and debts between you and your spouse in a way that is equitable and fair.

Alabama is an “Equitable Distribution” State

Citing the Code of Alabama § 30-2-51(b)(1): [1]

The marital estate is subject to equitable division and distribution.

That doesn’t mean you’re going to necessarily get half of everything. That’s not always what the court sees as fair.

For example, if you make a lot more money than your spouse, you’re likely to be given more of the joint debt. The court would see that as fair since you make more money.

Abandoned wedding ring next to separation in ground symbolizing Alabama Divorce Property Settlement
The Longer You’re Married, the More Complex the Case

Longer Marriages Are More Complicated

If you weren’t married for very long, the two of you likely didn’t have the time to accumulate much jointly owned property.

That means the case might be pretty straightforward and simple. On the other hand, if you have been married for several decades, your assets are much more co-mingled.

It can be harder to determine how to divide properties and debts.

Child is divided over quarreling parents
Divorce settlements affect children, too.

Do You Have Children?

Children make every divorce more complex simply because of additional issues that must be addressed, including:

Whoever will serve as the primary caregiver is likely to be given more resources and assets so they can continue to provide the children with a stable life.

For example, if you’ve been granted custody, there’s a good chance the court will award you with the home you’re living in.

Was Misconduct Involved?

The court can consider additional factors if you’re divorcing because your spouse:

  • Cheated
  • Committed abuse
  • Acted in some other improper way

It’s possible your spouse will be punished by receiving less of the joint assets because of their actions.

Divorce Property Settlements

The KJ Law Firm is here to fight for you in your divorce property settlement. Our services are available throughout the state of Alabama, including the following Alabama cities and surrounding communities.

Area Served
Prattville AL
Wetumpka AL
Birmingham AL
Troy AL
Auburn AL
Montgomery County, Alabama
Montgomery AL
Pike Road AL

Are you’re ready to file for divorce, but having concerns about receiving a fair property settlement?

Contact The KJ Law Firm. We’re here to represent you and to fight for everything you deserve in your divorce property settlement.

Message Us


  1. Code of Alabama § 30-2-51(b)(1), External link ⤤   ^