Does The Duration Of Your Marriage Affect Equitable Distribution?

If you go to a consultation with a divorce lawyer after receiving a surprising divorce petition from your spouse and anxiously asking the lawyer whether your ex will keep half of your marital property, it is hardly comforting if the lawyer says, “it depends,” but it is the truth.  Alabama is an equitable distribution state, which means that, when judges issue decisions about division of marital property, they can decide on an individual basis the fairest way to divide the couple’s marital assets and debts.  It only makes sense that what is fair in a divorce case where the marriage lasted only six months is not the same as what is fair when a couple divorces after 30 years of marriage, during which they raised children, cared for their aging parents and eventually inherited them, and built a small real estate empire.  For help getting a fair share of the marital property in your divorce case, contact a Birmingham divorce lawyer.

Short-Term Marriage: Putting Things Back As If the Marriage Never Happened

Alabama case law shows that judges think that the fairest outcome for property division after a short-term marriage is to separate the couple’s property as if the marriage never happened.  This is usually easy if the couple did not have children together or own real estate.  If the marital home belonged to one spouse before the marriage, he or she usually keeps it, although the judge may order him or her to pay an equalizing payment to the other party.

Medium-Term Marriage: Eventual Financial Independence From One Another

If the marriage lasted more than five years, the couple’s finances are usually so entwined that it is not possible to separate them neatly.  Divorce cases involving medium-term marriages often involve orders for the spouse who keeps the marital home to refinance the mortgage and pay the other spouse an equalizing payment.  If one spouse was out of the workforce during the marriage, the court may order alimony, but it almost always imputes income to the recipient spouse, requiring him or her to return to the workforce even while receiving alimony.  Many couples who divorce after medium-term marriages have minor children, and co-parenting is often the most contentious aspect of divorce.

Long-Term Marriage: Each Spouse Gets His or Her Fair Share of Forever

Gray divorce is increasingly common, and while the couple’s emotional maturity makes these cases easier, disentangling a lifetime of marital property is no simple task.  The court may need to divide retirement accounts and stock portfolios, sometimes even requiring the help of financial experts to assess the value of these assets.  The goal is to set both former spouses on a path to separate retirement.

Contact Peeples Law About Equitable Distribution of Marital Property

A Birmingham family law attorney can help you get your fair share of marital property in your divorce case, regardless of the length of your marriage.  Contact Peeples Law today to schedule a consultation.

Source:

codes.findlaw.com/al/title-30-marital-and-domestic-relations/al-code-sect-30-2-51/