WHAT IS EQUITABLE DIVISION ANYWAY?

by Lindsay C. Ronilo

Ronilo Law, LLC

One of the first question I get from potential client going through a possible divorce is “What am I entitled to?” Sometimes this question comes from a true lack of knowledge, but other times it comes from a concern over statements or threats made by a spouse that one spouse will come out of a divorce with everything and one with nothing. This is a very real concern for so many people going through divorce. 

The law in Alabama says that spouses are entitled to an equitable division of property acquired during the marriage. Equitable means fair and not always equal. The next question this raises is “What’s fair?” Fairness will vary in every case as every divorce case is as different as the people involved in it. However, there are factors that a judge must consider in deciding how to divide property. The judge can consider the earning capacities of both parties, their income growth potential, the ages of the parties, the source, value and type of property, and the length of the parties’ marriage is also important to consider. The court can also consider the conduct of the parties leading to the breakdown of the marriage. Now, before you start worrying about having to go in front of a judge to finalize your divorce, it’s helpful to understand that so many divorces end in settlement. Settlement, often through mediation, is where the parties – instead of a judge – decide how their property should be divided. The judge then simply finalizes the divorce based on the parties’ agreement.

Short term vs. long term. The goal of equitable division in short terms marriages is different than in long terms marriages. In a short-term marriage, the goal is to return the parties back to where they were before the marriage. In a longer marriage, the goal is to try and keep the parties at a standard of living similar to what they had during the marriage.  

It’s always helpful to surround yourself with professionals who can answer questions like this and more, and to come alongside you as you navigate the oftentimes difficult terrain of divorce. The Second Saturday Workshop is a great place to learn about this and other issues that may impact you in a divorce. 

Ronilo Law, LLC and Money Matters Wealth Solutions are separate entities and are not affiliated.

This content was generated with AI assistance. While we strive for accuracy, AI may not capture all current laws and market conditions. This information is for informational purposes only and should not be considered personalized financial advice. Always consult a licensed financial advisor for decisions tailored to your unique situation and goals. AI is used to enhance insights, not replace professional guidance.