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.
Ala. Code § 30-2-52
Allowance Upon Grant of Divorce for Misconduct; Certain Property Not Considered.
Applied in 2 court decisions — leading case Hatcher v. Hatcher (1979)
Most recently applied in 423 So. 2d 871 - Johnson v. Johnson (November 1982)
(Code 1852, §1972; Code 1867, §2362; Code 1876, §2696; Code 1886, §2333; Code 1896, §1497; Code 1907, §3805; Code 1923, §7419; Acts 1933, Ex
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.