Alabama § 30-2-52 Allowance Upon Grant of Divorce for Misconduct; Certain Property Not Considered

Alabama Statutes

§ 30-2-52 — Allowance Upon Grant of Divorce for Misconduct; Certain Property Not Considered

Alabama·Title 30 Marital and Domestic Relations·Ch. 2 Divorce and Alimony·Art. 3 Alimony and Support

If the divorce is in favor of either spouse for the misconduct of the other spouse, the judge trying the case shall have the right to make an allowance to either spouse out of the estate of either spouse, or not make an allowance as the circumstances of the case may justify, and if an allowance is made, the misconduct of either spouse may be considered in determining the amount; provided, however, that any property acquired prior to the marriage of the parties or by inheritance or gift may not be considered in determining the amount.

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If the divorce is in favor of either spouse for the misconduct of the other spouse, the judge trying the case shall have the right to make an allowance to either spouse out of the estate of either spouse, or not make an allowance as the circumstances of the case may justify, and if an allowance is made, the misconduct of either spouse may be considered in determining the amount; provided, however, that any property acquired prior to the marriage of the parties or by inheritance or gift may not be considered in determining the amount.

Alabama § 30-2-52 (Allowance Upon Grant of Divorce for Misconduct; Certain Property Not Considered) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

(Code 1852, §1972; Code 1867, §2362; Code 1876, §2696; Code 1886, §2333; Code 1896, §1497; Code 1907, §3805; Code 1923, §7419; Acts 1933, Ex. Sess., No. 127, p. 118; Code 1940, T. 34, §32; Acts 1979, No. 79-486, p. 894, §1.)