One of the most substantial obstacles presented by many divorces is determining exactly how to divide marital assets among former spouses. The state of Alabama uses an “equitable distribution” standard when dividing marital property during a divorce. In this context, equitable does not mean an equal division of property but rather that the division of property occurs in a manner that is fair to both spouses. In dividing marital assets, courts analyze the contribution that each spouse made to the marriage. Many homemakers might feel at a disadvantage when it comes to these types of property divisions because the other spouse might have been the primary money earner in the family. Fortunately, the state of Alabama views marriage as a joint enterprise and recognizes the contributions that a homemaker might have made to a marriage.
The Value Of Homemaking In A Divorce
When marriages end in divorce, Alabama courts of law do not penalize parents who might have paused a career in order to assume responsibilities within the home. Courts also consider a homemaker's future employment opportunities and previous contributions to a marriage when determining how to divide marital assets. It is often easier for individuals to demonstrate evidence of contributions by a homemaker if children were present in a marriage. Some of the various ways in which individuals might contribute to a marriage include: arranging for repairs of a house, child care, cleaning, participating in community and charity involvement, cooking, meal planning, paying bills, researching and selecting various household items, and vacation planning. The greater the contribution a homemaker is able to demonstrate in a marriage, often the greater the amount of compensation that individual will be able to receive.
Challenging Homemaker Status
Spouses who helped care for a home and raise children are not automatically entitled to large payouts. In some situations, the spouse who was the primary money earner may argue that the homemaker was a poor parent or only did a small portion of parental duties.
Other Factors Considered By A Court
In addition to the contributions of a homemaker, courts in the state of Alabama are likely to consider a variety of factors when determining how to divide assets including: the duration of a marriage, the value of the marital property proposed to be assigned to each party, the economic circumstances surrounding each individual, whether the parties receive any prior marital support, and if the couple has any children.
Contact A Knowledgeable Birmingham Attorney
Divorce can present many challenges particularly when one faces an uncertain economic future. If you are a homemaker who is involved in a divorce, consider contacting an experienced attorney at Eversole Law LLC who will know how to fight tirelessly for adequate compensation.