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 § 30-2-52

Title 30Marital and Domestic Relations

Ch. 2Divorce and Alimony

Art. 3Alimony and Support

This text of Alabama § 30-2-52 (Allowance Upon Grant of Divorce for Misconduct; Certain Property Not Considered) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 30-2-52 (2026).

Text

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.

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.)