Prenuptial agreement in Alabama

Alabama prenup basics

Prenuptial agreements (or "antenuptial agreements" as they call them in Alabama) are contracts entered into before marriage between a couple.

They outline things like property ownership, property division, alimony, taxes, pets, rings, and many other topics. Prenups can be emotional documents as much as they are practical ones.

They help set expectations and boundaries for a couple prior to entering into marriage (which, in turn, can create a stronger foundation for the marriage).

Prenuptial agreements in Alabama are governed by Ala. Code SS 30-4-9 and the relevant state case law (i.e., court decisions) that help shape the laws around prenups.

What makes an Alabama prenup enforceable?

For your prenuptial agreement to be valid and enforceable in Alabama, it's essential to meet the specific requirements established by both state law and court precedents.

While Alabama statutes simply mandate that prenups be in writing and signed and that they be subject to the rules of contract law. Additional criteria have been developed through court decisions over time.

Here's what you need to know about making your Alabama prenup enforceable:

Do I need a lawyer for a prenup in Alabama?

Alabama has nuanced laws on this topic, but your best bet for a valid and enforceable prenup in Alabama is to hire an attorney to advise you as to your rights.

Alabama law says that the presence or absence of an attorney for a prenuptial agreement is typically only considered if the agreement is found to be not fair, just, and equitable. In other words, if the prenup IS found to be fair, just, and equitable, then an attorney is not required for the prenup to stand. However, if the prenup is NOT considered fair, just, and equitable, then an Alabama court will require an attorney. Mixon v. Mixon, 550 So.2d 999 (Ala.Civ.App.1989).

Bottom line? Your best bet at a valid and enforceable prenup in Alabama is to have a lawyer.

What are the default laws on property division in Alabama?

Without a prenup in Alabama, a court will divide your property equitably (which doesn't have to be equal, it just has to be fair, according to the court). This framework for dividing property is known as equitable distribution.

An Alabama court will decide how to divide your property on a case-by-case basis. Usually, the property that a court will divide is "marital property" (property accumulated during the marriage), but a court may also divide up property acquired before the marriage or by inheritance.

So, that house you bought way before getting married? It's not automatically "safe" from being divided up. That inheritance you got from Aunt Sue? Also not automatically "safe." However, a prenup can help ensure that all assets you want to be protected are protected (as long as they are created in accordance with state laws).

The court will utilize several factors in determining the division of marital property, including:

• Future prospects of the parties
• Each of the parties' ages, health, and station in life
• How long they were married
• The conduct of the parties in regard to the cause of the divorce

What are the default laws on alimony in Alabama?

Without a prenup in Alabama, courts have wide discretion to determine whether alimony is appropriate and how much (for how long) should be awarded.

The factors a court will consider (for both alimony and property division) include the future prospects of the parties, their ages, health, station in life, length of the marriage, and conduct of each spouse in regard to the cause of the divorce. Pilgrim v. Pilgrim, 596 So.2d 942 (Ala.Civ.App.1992).

There is no fixed standard for the amount of alimony; it will be decided on a case-by-case basis, with a judge looking to these factors when making their decision.

If you get a valid and enforceable prenup in Alabama, you can ensure that your expectations for alimony are set with your partner--whether that's waiving alimony, modifying it, or leaving it up to a court's discretion.

How to end a marriage in Alabama

To file for divorce in Alabama, either your spouse needs to be a resident of the state, or you need to have been a resident for at least 6 months leading up to the filing. There is also a waiting period of 30 days between the filing of the divorce and the entering of a final decree.

In Alabama, there are several different grounds you can file for divorce on--either "no-fault" (meaning neither party has done anything wrong, the marriage is just done) or "fault" (meaning one party has done something wrong).

The grounds for "fault" in Alabama include adultery, abandonment, habitual drunkenness, and others. It's more common to file a divorce under the grounds of "no-fault" (which in Alabama is called "incompatibility").

Important prenup case law in Alabama

What is case law? It's court decisions made by judges explaining certain areas of law, like prenuptial agreements.

So, Alabama prenup case law is the court decisions of Alabama judges shaping the law regarding prenuptial agreements in the state. Let's dig into some important Alabama case law and what Alabama deems as an enforceable agreement.