The Effect of Legal Separation on an Estate in Alabama
Legal separation allows spouses to end their relationship and separate their lives without terminating the marriage. In Alabama, a court will use the same guidelines to divide the marital estate as it would during a divorce proceeding.
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Separate Property
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Any property one spouse owned prior to the marriage, as well as any family inheritance one spouse receives during the marriage is "separate property." Separate property is not subject to division upon a legal separation.
Equitable Distribution
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The remainder of the estate is "marital property." An Alabama court will divide the estate according to "equitable distribution." Each spouse will receive a fair share of the property after separation based on age, health conditions, income, the value of any separate assets, the length of the marriage and who has custody of the children.
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After Separation
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Under Alabama Statute 30-2-40(f)(1) any property acquired and income earned after the final decree of separation is issued is considered separate property and will not be subject to division if the spouses later file for divorce.
Divorce
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If the spouses seek a divorce, the court can incorporate the property settlement from the separation decree into the divorce decree. However, according to Section 30-2-40(d), either spouse can request that the property settlement be revised during the divorce proceeding.
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