Alabama Marital Settlement Agreement

Introduction

Key Things to Know

1. 1

   In Alabama, where the 2017 reform makes rehabilitative alimony the default first choice (Ala. Code 30-2-57), a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be incorporated into the final judgment that ends the marriage.

2. 2

   Alabama is an equitable-distribution state, not a community-property state. The marital estate is subject to equitable division and distribution (Ala. Code 30-2-51), meaning the court divides it fairly but not necessarily equally, with no 50/50 presumption.

3. 3

   Only marital property is divided. Property one spouse acquired before the marriage or by gift or inheritance generally stays that spouses separate property, unless it or its income was used regularly for the common benefit of the parties during the marriage (Ala. Code 30-2-51).

4. 4

   Alabama has no statewide formula for alimony. Under the 2017 reform (Ala. Code 30-2-57) a court awards rehabilitative alimony first, for a limited duration not to exceed five years absent extraordinary circumstances, to help a spouse become self-supporting.

5. 5

   A court turns to longer-term periodic alimony only when it expressly finds rehabilitation is not feasible. Periodic alimony generally may not run longer than the marriage lasted, unless the marriage lasted 20 years or more (Ala. Code 30-2-57).

6. 6

   Child support follows Alabama Rule 32 of the Rules of Judicial Administration, an income-shares model, and the guideline amount is a rebuttable presumption. Custody and child support stay subject to court review and modification and cannot be bargained away.

7. 7

   Once the court approves it, the agreement is incorporated into the final divorce judgment and its terms become enforceable court orders. An Alabama court does not enter a final judgment of divorce until at least 30 days after the complaint is filed.

Alabama Requirements for Marital Settlement Agreement

• Equitable Division of the Marital Estate

  Alabama is an equitable-distribution state, not a community-property state. The marital estate is subject to equitable division and distribution (Ala. Code 30-2-51), so a court divides marital property fairly but not necessarily equally, with no 50/50 presumption.

• Separate Property Generally Stays Separate

  Only marital property is divided. Property one spouse acquired before the marriage or by gift or inheritance generally stays separate, unless it or its income was used regularly for the common benefit of the parties during the marriage (Ala. Code 30-2-51).

• Rehabilitative Alimony Comes First

  Under the 2017 reform (Ala. Code 30-2-57) a court awards rehabilitative alimony first, for a limited duration not to exceed five years absent extraordinary circumstances, and turns to longer-term periodic alimony only when it expressly finds rehabilitation is not feasible.

• No Statewide Alimony Formula

  Alabama has no statewide formula or percentage for alimony. A court sets the amount and duration by weighing statutory factors such as the length of the marriage, the standard of living, the age and health of the parties, and future employment prospects (Ala. Code 30-2-57).

• Child Support Follows Rule 32

  Child support follows Alabama Rule 32 of the Rules of Judicial Administration, an income-shares model, and the guideline amount is a rebuttable presumption. Parents may propose an amount, but the court uses the guideline to review whether it is adequate and may deviate only on a written finding.

• Custody and Child Support Stay Modifiable

  Custody and child support terms in an Alabama marital settlement agreement remain subject to court review and can be modified later in the best interests of the children. These terms cannot be bargained away the way a property division can be fixed.

• In Writing and Signed

  An Alabama marital settlement agreement must be in writing and signed by both spouses. No statute requires notarization of the agreement itself, but signatures on uncontested-divorce documents are commonly notarized before filing, which helps prove the signatures are genuine.

• Incorporation Into the Judgment

  Once the court approves it, the agreement is incorporated into the final judgment of divorce and its terms become enforceable court orders. An Alabama court does not enter a final judgment until at least 30 days after the complaint is filed.