Property Division And Divorce Attorney Serving Mobile And Baldwin Counties

Determining how to divide marital assets and debt can be among the most challenging and stressful aspects of divorce. Alabama courts will step in and make these decisions if a divorcing couple cannot reach agreement on their own. However, it is generally in both parties' interest to agree to terms outside of court.

At Barry A. Friedman & Associates, family law attorney Joshua D. Friedman advocates aggressively on behalf of clients in Mobile and Baldwin counties regarding property division and all other issues that must be resolved in divorce. We know that financial soundness is one of the chief concerns of individuals facing divorce. We go to great lengths to protect your rights and put you in the best possible position financially to begin your post-divorce life.

How It Is Determined Who Gets What?

The first step in dividing assets and debt following divorce is determining what is marital property and what is nonmarital property. Generally, property or debt that was acquired during the marriage is considered marital property no matter whose name is on the title. Property and debt that either party possessed prior to the marriage or property that was received as a gift or through inheritance is considered separate property and is not subject to division. There are exceptions to this. Determining whether property is marital or nonmarital is an important reason to work with a knowledgeable divorce lawyer who will protect your interests.

Like most states, Alabama follows the equitable distribution model of marital property division. This does not mean that all marital assets are split 50-50. Rather, assets and liabilities are to be divided fairly after taking into account the financial situation of each spouse. Other factors the court will consider include:

  • The length of the marriage
  • The age of each spouse as well as their physical and mental health
  • The income and earning potential of each spouse
  • The contributions of each spouse to the economic well-being of the household, including financial contributions toward education or training that increased the earning power of the other spouse

We Put You In The Best Financial Position To Begin Your Post-Divorce Life

Whether you feel you will be able to work out property division matters without going to court or you expect the division of assets and debt to be contentious, it is critical to work with an experienced attorney who will protect your interests. Contact us to schedule an appointment.