A divorce often carries significant financial burdens that can affect your life long after a judgment is entered. At Brad Green Law, our attorneys work tirelessly to protect your interests and achieve the results you desire. We act as your strongest advocate and strive to develop a mutually beneficial and just settlement to help you move on after your divorce.
The court will only divide marital assets when the parties cannot reach a Marital Settlement Agreement. Alabama is an equitable distribution state. Property is distributed fairly according to the principles of equity for both civilian and military divorces. During this process, the parties go through a discovery process to determine whether the property is separate or marital. Separate property is usually not subject to division. Common examples of separate property include gifts and inheritances. However, if separate gifts and inheritances were used during the marriage for the benefit of both parties, the court will likely consider it to be marital and subject to division. The court then assigns a monetary value to all the property and distributes it equitably. Marital debts are also equitably divided between each party.
Prenuptial agreements also affect the division of property following a divorce. Alabama recognizes validly executed prenuptial and postnuptial agreements if all the requirements for a validly executed contract are met.
Equitable distribution does not mean that property will be divided fifty-fifty. The court looks at numerous factors when creating a property settlement, including but not limited to:
The length of the marriage
The age and health of each spouse
The standard of living during the marriage
One spouse’s contribution to the education, training, or increased earning power of the other
Services rendered as a parent, wage earner, or homemaker
The source, type, and value of the property
The tax consequences for each spouse
Each spouse’s present needs and future earning opportunities
Other sources of income, such as individual retirement, insurance, or disability benefits
Any fault of either party that contributed to the breakup of the marriage
If a marriage lasts for at least ten years, one spouse may be entitled to a portion of the other’s retirement benefits that were gained during the marriage. Retirement benefits must be vested at the time of divorce. Our family law attorneys have extensive hands-on experience working with clients to create mutually beneficial property division agreements.
At Brad Green Law, we treat our clients with respect and compassion. We genuinely value getting to know each of our clients personally so that we can provide a high level of service. Our attorneys are devoted to helping you reach a fair and reasonable agreement promptly and efficiently. Our offices are conveniently located in Birmingham’s historic district and Blount County. Call us at
205-937-3687 or contact us online to discuss your case.
Have an emergency? Reach our quick-response team at 205-937-3687.
Contact Information
Phone: 205-937-3687
Email: brad.green.esq@gmail.com
2000A Southbridge Parkway Birmingham Alabama 35209
121 First Avenue East, Suite 201 Oneonta, AL 35121
"No representation is made that the quality of legal services performed is greater than those of other lawyers."