Birmingham Division of Property and Assets in Divorce Lawyers

Serving Clients in Birmingham, Shelby County, and throughout Alabama

slider51-300x152The division of property and other assets, as well as any debt, can be one of the most complicated aspects of divorce.

The compassionate Birmingham, Alabama, divorce attorneys at Jonathan W. Gathings & Associates understand the personal challenges of divorce, and we are here to help you understand your legal options and protect your rights through this difficult process. Please call us at 205-545-7475 to speak with one of our lawyers.

The Equitable Division of Property and Assets

Like many states, Alabama applies “equitable division” to property and assets in divorce; each spouse is generally entitled to any income earned or any possessions acquired individually over the course of the marriage. A spouse is also typically entitled to any property held in his or her name.

However, there are a number of factors that affect the equitable division of assets and property, including the nature of the assets and the length of the marriage. The division of assets can be a hotly contested issue among divorcing spouses, and the court may assign marital property when an agreement cannot be reached between couples; this is why it’s important to speak with a knowledgeable divorce attorney who can help ensure your best interests are protected.

Child Support and Spousal Maintenance

While child support and spousal maintenance (sometimes referred to as alimony) are determined separately from the division of financial assets, property and debt, they share certain considerations.

In divorces involving children, Alabama courts generally prefer that both parents play roles in providing for their children. The amount of any child support an individual spouse must pay is based on a series of calculations that takes into account each parent’s income, the number of children in the marriage, health care costs, and other factors.

Unlike child support, any spousal maintenance is discretionary and is determined by the court. When assessing spousal support, the court will consider factors including the income of each spouse, the duration of the marriage, and a spouse’s service as a parent or homemaker among other issues.

If you’re considering divorce or your spouse has filed for divorce, please contact Jonathan W. Gathings & Associates to schedule your consultation. Our divorce lawyers welcome clients from the greater Birmingham, Alabama, area and throughout Jefferson and Shelby counties.