Dividing Property in a Divorce
Ala. Code § 30-2-51 — an equitable division, inheritances and gifts set apart, and no more than 50 percent of retirement
The marital estate is divided equitably. When a spouse has no separate estate, or not enough to live on, the judge may order an allowance out of the other spouse's estate.
Who handles this in Alabama: legal aid programs, lawyer referral and the state offices, listed in the Alabama directory.
Before the marriage, or by inheritance or gift. The judge does not consider property one spouse had before the marriage, or got by inheritance or gift, unless it or its income was used regularly for the common benefit of both during the marriage.
- Retirement benefits either spouse earned during the marriage, vested or not, are part of the marital estate unless the spouses agree otherwise.
- Unless they agree otherwise, the other spouse receives no more than 50 percent of the retirement benefits the court considers.
- A spouse who says some retirement interest is separate carries the burden of proving it and its value.
Sources for this section (1)
- Ala. Code § 30-2-51 — Allowance Upon Grant of Divorce; Certain Property Not Considered; Retirement Benefits
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.