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The burden of proof to overcome the gift presumption shall be by clear and convincing evidence. If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections 5 - 8 , the court shall consider all relevant factors, including, but not limited to:
If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is nonmarital. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony.
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