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Alabama Property Distribution Laws

Alabama Divorce law includes is what is called an "equitable distribution" law. This means that the Judge who will try your case has full discretion to divide any jointly-owned real estate or personal property in a fair, or equitable manner.

This does not mean that the division must be equal. The Judge can consider marital fault in dividing the property but cannot award the wife's separate property to the husband. The Judge cannot divide pension or other retirement plans unless the parties have been married for ten years. Items such as gifts and inheritances are considered separate property and are not subject to division unless they have been used for the common benefit of both the Husband and Wife.

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