Alabama law recognizes certain behaviors as misconduct during a marriage, and can grant a divorce in favor of one party against the other if misconduct can be proven. Under Alabama law, a divorce can be granted for misconduct on the part of either spouse. In those cases, a court can grant awards from the estate of the spouse accused of misconduct and use the basis of misconduct to determine the amount of the award, with two exceptions.

Under Alabama marital property law, even misconduct awards cannot reach property that was held by a person as separate property before the marriage and maintained as separate property during the marriage. The awards also cannot reach inherited or gifted property, so long as the inheritance or gift were kept as separate property during the marriage.