A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.
In Alabama, adultery is considered a fault ground for divorce, and the state does not recognize community property but rather follows the equitable distribution principle. If a spouse has spent marital assets on a paramour, the non-cheating spouse may have the right to seek reimbursement. During divorce proceedings, the court will consider the dissipation of marital assets when one spouse uses marital funds for non-marital purposes, such as buying gifts for a paramour. The non-cheating spouse can request the court to consider these expenditures when dividing the marital estate. The court may order the cheating spouse to reimburse the marital estate, either by returning the gifts if they are still valuable or by compensating with separate property funds. It's important to note that the specifics of each case can affect the outcome, and an attorney can provide guidance tailored to the individual circumstances.