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.
(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.)
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1981–2025 · leading case:
McCarron v. McCarron, 168 So. 3d 68 (Ala. Civ. App. 2014).
McCarron v. McCarron, 168 So. 3d 68 (Ala. Civ. App. 2014).
· cites it 2× “Alabama Code 1975, § 30-2-52, provides, in pertinent part, that “the misconduct of either spouse may be considered in determining the amount” of periodic alimony to be awarded, but the award still must be within the ability of the obligor spouse to pay on a consistent basis.”
Vaughn v. Vaughn, 634 So. 2d 530 (Ala. Civ. App. 1992).
· cites it 4× “The husband argued that the benefits were his separate property and thus not subject to division under Ala.Code 1975, § 30-2-52. In counterpoint, the wife claimed that the pension had accrued due to the dual efforts of the parties during the marriage, thus entitling her to a…”
Carroll v. Shoney's, Inc., 775 So. 2d 753 (Ala. 2000).
“…From Abuse Act, §§ 30-5-1 through -11, Ala.Code 1975; Stalking, §§ 13A-6-90 and -91, Ala.Code 1975. See also § 30-2-52, Ala.Code 1975.”
Baker v. Miller, 143 So. 3d 754 (Ala. 2013).
““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,…”
Goodson v. Goodson, 588 So. 2d 481 (Ala. Civ. App. 1991).
“§ 30-2-52, Code 1975. At trial, the wife repeatedly testified that both the camera and the camcorder were given to her by the husband as gifts.”
Dees v. Dees, 404 So. 2d 84 (Ala. Civ. App. 1981).
· cites it 2× “” The latter statement is obviously intended to apply § 30-2-52, Code (1975) for the first time.”
Smith v. Smith, 673 So. 2d 417 (Ala. Civ. App. 1994).
· cites it 2× “A trial court may impose an alimony obligation for marital misconduct, Ala.Code 1975, § 30-2-52, and marital misconduct may be considered in determining an award.”
W.D.G. v. K.S.G. (Ala. Civ. App. 2025).
· cites it 3× “79-486, § 1, codified at Ala. Code 1975, § 30-2-52. Section 30-2-52 now applies when a divorce is grounded upon the misconduct of a spouse.”
Foster v. Foster, 487 So. 2d 915 (Ala. Civ. App. 1985).
“§ 30-2-52, Code 1975. We find that the evidence supports and justifies the award of periodic alimony as made by the trial court.”
Henry v. Henry, 199 So. 3d 89 (Ala. Civ. App. 2015).
“” Section 30-2-52, Ala.Code 1975, provides: "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…”
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