If a spouse’s funds are insufficient for that spouse’s maintenance then a court may award spousal support or alimony. The court may not consider assets acquired prior to marriage or derived from gift or inheritance during marriage as assets to be used to pay spousal support unless those assets were used for the benefit of both spouses during the marriage. Retirement benefits may be considered assets to be used for spousal support if certain conditions are met. A spouse’s misconduct that leads to divorce will not necessarily bar a finding for spousal support but may be considered by the court. Alimony may be terminated when a spouse remarries or cohabitates with a member of the opposite sex. (Alabama Statutes Title 30, Chapter 2, Article 3)
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