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Alabama divorce - Alimony maintenance spousal support.


The judge has full discretion to award an allowance for maintenance to either spouse, if such spouse has insufficient Property to provide for his or her own maintenance. This award may be made out of the Property belonging to the other spouse, unless it is separate Property (acquired by gift or inheritance, or acquired prior to the Marriage) and was never used for the common benefit of the Marriage. The factors to be considered are:
 
(1) the value of the estate of both spouses; and (2) the condition of the spouse's family.
 
Up to 50% of a spouse's retirement benefits may be used for Alimony if the retirement was accumulated during a Marriage of 10 years or more. Misconduct of either spouse may be considered in the determination as to whether to award maintenance and may totally bar the right to any maintenance. Any award of maintenance will be terminated if the recipient is living openly with a member of the opposite sex or has remarried. [Code of Alabama: Title 30, Chapters 2-51, 2-52, and 2-55].
 
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