Alabama is not a community property state. Instead, it follows a common-law property system. This means that property acquired during marriage is generally considered separate property, owned by the spouse who acquired it. For instance, if one spouse earns a salary, that income and anything purchased with it belongs solely to that spouse. Inherited assets and gifts received by one spouse also remain that spouse’s separate property.
This distinction has significant implications for asset division in cases of divorce or death. In common-law property states, courts typically divide assets equitably, meaning fairly, not necessarily equally. Factors such as the length of the marriage, each spouse’s contributions, and their earning potential are considered. Understanding this system is crucial for individuals residing in Alabama and for those considering moving to the state. It influences estate planning, financial decisions during marriage, and potential outcomes in legal proceedings.