Palmer v. Palmer
| Docket Number: | 2001-CA-01950-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-01-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Adultery - Alimony - Division of marital property Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Chandler and Griffis, JJ. Dissenting Author : Irving, J. Dissent Joined By : Southwick, P.J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 11-28-2001 Appealed from: Chickasaw County Chancery Court Judge: James S. Gore Disposition: DIVORCE GRANTED BASED ON ADULTERY; PROPERTY DIVISION; ALIMONY GRANTED TO WIFE. Case Number: 2000-0080-2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Hal Eugene Palmer |
REX F. SANDERSON |
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| Appellee: | Sara Goodwin Palmer | GARY L. CARNATHAN |
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| Topic: | Divorce: Adultery - Alimony - Division of marital property |
| Summary of the Facts: | Sara Palmer sought a divorce from Hal Palmer based on adultery. The court granted Sara a divorce based on adultery, the marital home, the 1994 Buick, fifty percent of her husband's 401(k), her entire 401(k), a $5,000 certificate of deposit, $30,000 life insurance policy, and periodic alimony of $600 per month. Hal appeals. |
| Summary of Opinion Analysis: | Issue 1: Alimony Hal argues that the court erred by awarding alimony because after the division of marital assets, Sara had no deficit. Factors to consider in awarding alimony include income and expenses of the parties; health and earning capacities of the parties; needs of each party; obligations and assets of each party; length of the marriage; presence or absence of minor children in the home; age of the parties; standard of living of the parties; tax consequences of the spousal support order; fault or misconduct; wasteful dissipation of assets by either party; and any other equitable factor. Alimony should only be awarded if a spouse would be left with a deficit after the division of property. The record shows that Sara's expenses each month outpace her income by several hundred dollars and that she will have to obtain medical insurance since she will no longer be covered by Hal's company policy. Therefore, alimony was proper. Hal also argues that the alimony was unduly burdensome. However, he is not able to pay alimony because of his new girlfriend, the woman with whom he committed adultery. Issue 2: Division of marital property Factors a chancellor should consider when equitably dividing marital property include substantial contribution to the accumulation of the property; degree to which each spouse has expended, withdrawn or otherwise disposed of marital assets; market value and the emotional value of the assets subject to distribution; value of assets not ordinarily, absent equitable factors to the contrary, subject to such distribution; tax and other economic consequences; extent to which property division may, with equity to both parties, be utilized to eliminate periodic payments and other potential sources of future friction between the parties; needs of the parties for financial security; and any other equitable factors. Here, the chancellor’s opinion and order include findings of fact and are sufficient to support the division. |
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