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Sometimes, a married couple wants to live apart and have an enforceable court order regarding spousal support and assets, but they do not want to get a divorce. Alabama law allows such couples to seek a legal separation, which can accomplish those goals.
When one spouse receives a gift or inheritance in Alabama, it is considered separate property and not subject to equitable distribution. But gifts and inheritances used to benefit both spouses are deemed marital property.
Alabama is not a community property state in which all assets are split 50/50 and divided between the couple. Alabama is an equitable distribution state, which means that assets gained during the marriage or used for the benefit of the marriage should be split in a fair and equitable way.
To qualify for a legal separation, one of the parties will need to file a request that the court intervene. The request will need to show that at least one spouse has been a state resident for at least six months and that at least one spouse wants to live apart from the other.
Once established, a common law marriage is just as valid and binding as a formal church wedding. It lasts until a court grants a divorce or one partner dies.
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All property acquired by a couple during their marriage will be considered marital property. Meanwhile, property that was acquired before marriage or through inheritance is generally considered separate property. However, separate property can become marital property, and this is sometimes where it can get tricky.
when the wife has lived separate and apart from the husband without any financial support for a period of two years before filing for divorce and the wife has resided in Alabama during that time;1 or.
Alabama is not a community property state in which all assets are split 50/50 and divided between the couple. Alabama is an equitable distribution state, which means that assets gained during the marriage or used for the benefit of the marriage should be split in a fair and equitable way.
In a marriage that lasted 10 or more years, a judge may award one spouse a portion of the other spouses retirement accounts. Regardless of the length of the marriage, the court cannot include benefits a spouse earned before the marriage in the division.
All property acquired by a couple during their marriage will be considered marital property. Meanwhile, property that was acquired before marriage or through inheritance is generally considered separate property. However, separate property can become marital property, and this is sometimes where it can get tricky.

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