Birmingham, Alabama Divorce & Alimony Laws

Posted by Steven D. Eversole | Sep 28, 2007 | 0 Comments

In Alabama, when a divorce has been granted in favor of one party based upon the misconduct of the other party, the judge may grant awards from the estate of the spouse committing the misconduct to the other spouse.  The misconduct itself may also be used by the judge in determining the amount of the award.  However, this provision is subject to the marital property rule and/or the inheritance rule.  In general, property held by a party prior to the marriage, or property received by inheritance or gift,  is not marital property and cannot be distributed to the other party during a divorce.  Alabama Code Section 30-2-52 defines how a judge may award property after granting a divorce based upon misconduct.

About the Author

Steven D. Eversole

J.D., Samford University's Cumberland School of Law, Birmingham, Alabama B.A., University of Alabama, Tuscaloosa, Alabama

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