In Alabama, the division of marital assets during a divorce is governed by the state’s equitable distribution laws. This means that the court will divide the marital assets in a way that is fair and just, but not necessarily equal.

Marital assets typically include any property or assets that were acquired by either spouse during the marriage, regardless of whether the asset is titled in one spouse’s name or both. This can include real estate, vehicles, bank accounts, retirement accounts, and other investments.

When dividing marital assets, the court will consider a variety of factors, including the length of the marriage, the earning capacity of each spouse, the contributions of each spouse to the marriage, and any other relevant factors. The court may also consider any prenuptial agreements that the spouses may have signed.

It is important to note that separate property, which is property that was acquired by one spouse before the marriage or by gift or inheritance during the marriage, is not subject to division in a divorce. However, separate property can become commingled with marital property, in which case it may be subject to division.

If the parties are unable to reach an agreement on the division of assets, the court will make a determination based on the evidence presented during a trial or hearing. It is generally advisable to seek the assistance of an experienced family law attorney when dealing with complex property division issues during a divorce in Alabama.