When a same-sex marriage comes to an end, one of the most contentious issues that arises during the divorce proceedings is the division of property. In Alabama, just like in numerous other states across the country, the rules governing property division in a same-sex divorce are the same as those applicable in opposite-sex divorces.
What is the Law on Property Division in Alabama?
Alabama operates under the principle of "equitable distribution," which means that the assets and debts of both spouses are divided fairly and equitably, although not necessarily in equal proportions. It is important to note that equitable distribution does not automatically result in a 50/50 split. Instead, it takes into consideration various factors, such as the duration of the marriage, the earning capacity of each spouse, and the contributions made by each spouse during the marriage, including those as a homemaker.
Is Same-sex Marriage Legal in Alabama?
Yes, same-sex marriage has been legal in Alabama since 2015, following the landmark ruling by the US Supreme Court in Obergefell v. Hodges that declared same-sex couples have a constitutional right to marry. This ruling applies uniformly to all states, including Alabama. Consequently, same-sex couples in Alabama enjoy the same legal rights and responsibilities as opposite-sex couples.
How is Property Divided?
In Alabama, any property acquired by either spouse during the course of the marriage is considered marital property and is subject to equitable distribution in the event of a divorce. Examples of marital property may include the marital home, vehicles such as cars, trucks, boats, and motorcycles, various bank accounts including checking, savings, and investment accounts, retirement accounts like 401(k)s, IRAs, and pensions, as well as business interests such as partnerships and LLCs, and personal belongings like furniture, jewelry, and artwork.
On the other hand, separate property refers to assets that are not subject to equitable distribution and are retained by the original owner. Separate property may consist of assets acquired before the marriage, gifts received by one spouse during the marriage, inheritances received by one spouse during the marriage, and compensation for personal injury claims.
What Factors Determine Equitable Distribution?
When deciding how to divide marital property, the court takes into consideration various factors, including but not limited to:
- The duration of the marriage
- The income, earning capacity, and financial needs of each spouse
- The contributions made by each spouse during the marriage, such as contributions as a homemaker or caregiver
- The age, health, and physical and mental condition of each spouse
- The value of separate property owned by each spouse
- The potential tax implications resulting from the division of property
- Any other factor that the court deems relevant and equitable.
What Are Some Common Issues?
Similar to any divorce, disagreements can arise concerning property division in same-sex couple divorces. Some common issues include:
- Conflicts over the valuation of marital property
- Claims disputing whether certain assets should be categorized as separate property rather than marital property
- Disputes regarding the division of retirement accounts
- Issues pertaining to the marital home, such as determining who will retain ownership or whether it should be sold.
Handling the complexities of property division in a same-sex divorce requires the expertise of an experienced divorce attorney. It is crucial to seek professional guidance to navigate these complex issues and ensure a fair and satisfactory resolution.