Johnson v. Johnson
| Docket Number: | 2001-CA-01484-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-12-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Lump sum alimony Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 08-13-2001 Appealed from: Warren County Chancery Court Judge: Vicki Barnes Disposition: DIVORCE GRANTED. REQUEST FOR LUMP SUM ALIMONY DENIED. Case Number: 99-202-GN |
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| Party Name: | Attorney Name: | |||
| Appellant: | Beverly Wigley Johnson |
MARIL FAITH RISHER
WILLIAM R. WRIGHT
W. BENTON GREGG |
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| Appellee: | Andrew B. Johnson | MARCIE TANNER SOUTHERLAND |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Divorce: Irreconcilable differences - Lump sum alimony |
| Summary of the Facts: | Andrew and Beverly Johnson were granted an irreconcilable differences divorce. The chancellor denied Beverly's request for lump sum alimony, and Beverly appeals. |
| Summary of Opinion Analysis: | In determining whether to award lump sum alimony, the court should consider substantial contribution to accumulation of total wealth of the payor either by quitting a job to become a housewife, or by assisting in the spouse's business; a long marriage; where the recipient spouse has no separate income or the separate estate is meager by comparison; and without the lump sum award the receiving spouse would lack any financial security. The chancellor in this case considered these factors. Given that Beverly will have assets valued at over $400,000 with only $28,178.64 in credit card debt to pay, the chancellor did not abuse her discretion. |
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