Marital Legal Separation and Property Settlement with Adult Children - Alabama 2025

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Under current Alabama law, a judge can make a decision on how the retirement plan is divided no matter how long the couple has been married for. This means that there is no set time period in Alabama that you have to be married before you are able to access your spouses retirement in a Tallapoosa County divorce.
Heres the quick answer: Alabama is not a 50/50 divorce state. Instead, Alabama follows the principle of equitable distribution. Equitable does not necessarily mean equal, but rather fair considering various factors.
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).
In an Alabama divorce, a wife may keep the personal property she owned before the marriage. A wife can also seek an equitable portion of marital property shared by the couple, including physical property (such as the family home) or other assets (such as bank accounts).
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