Carter v. Carter, 77-370-A

Citation122 R.I. 793,413 A.2d 55
Decision Date19 March 1980
Docket NumberNo. 77-370-A,77-370-A
PartiesRobert J. CARTER v. Arlene C. CARTER. ppeal.
CourtUnited States State Supreme Court of Rhode Island
OPINION

KELLEHER, Justice.

Robert and Arlene Carter were married in Providence, Rhode Island, on May 12, 1941, and are the parents of four adult sons. Robert and Arlene lived together as husband and wife until mid-1975. On June 19 of that year, Robert filed a petition for divorce in which he alleged that Arlene had been guilty of extreme cruelty toward him, that she had been guilty of drunkenness affecting the family life, and that their irreconcilable differences had caused the irremediable breakdown of the marriage. The cruelty and drunkenness grounds were abandoned, however, and the divorce was granted on July 29, 1977, on the ground of irreconcilable differences. Robert is now before us on his appeal from that portion of the interlocutory divorce decree that awarded alimony to Arlene.

The record that is before us presents a disturbing marital picture in which Arlene's dependence on alcohol increased to the point that she became unable to care for herself or her family. Throughout this controversy Robert has consistently contended that Arlene's alcoholic overindulgences barred the award of any alimony to her. This contention necessitates a review of what has transpired legislatively since the General Assembly first established "irreconcilable differences" as a ground for divorce.

"Irreconcilable differences" first appeared on the statute books when the Legislature at its January 1975 session adopted P.L.1975, ch. 287, sec. 1, now cited as G.L.1956 (1969 Reenactment) § 15-5-3.1. The act became effective on May 22, 1975, and less than a month later Robert instituted these proceedings. The 1975 amendment authorized the Family Court to "make provision for alimony." A year later, the Legislature, with its enactment of P.L.1976, ch. 294, repealed § 15-5-3.1 and substituted a revised version. The 1976 amendment retained "irreconcilable differences" as a ground for divorce but specifically stated that evidence or allegations of specific acts of misconduct "shall be improper and inadmissible, except for the purpose of determining a party's entitlement to an award of alimony, in which case the fault of * * * (the) party seeking alimony shall be relevant * * *."

In his appeal, Robert claims that the 1976 amendment absolutely precludes an award of alimony to a spouse whose actions amount to misconduct. He also claims that, as a matter of law, Arlene's admitted overindulgence in alcohol bars a grant of alimony even though the trial justice failed to make a specific finding as to how he characterized this facet of Arlene's behavior. We would go on and consider this contention except that while this appeal was pending here, the General Assembly made further substantial changes to various portions of chapter 5 of title 15, including § 15-5-3.1. At its January 1979 session, the Legislature enacted P.L.1979, ch. 279, 1 so that today § 15-5-3.1 contains no reference whatsoever to the fault of a party seeking alimony as being relevant. Instead, fault, according to the new statute, is relevant for "making a determination pursuant to sections 15-5-16 and 15-5-16.1 of the general laws * * *."

Section 15-5-16 now sets forth several criteria for the court to consider as it awards alimony or counsel fees. Specifically, § 15-5-16 lists a variety of factors a trial justice "shall consider" including the length of the marriage; the conduct of the parties during the marriage; the health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties; and the estate and liabilities and needs of each party. Section 15-5-16.1 allows the Family Court to assign to either the husband or the wife a "portion of the estate of the other." One criterion listed in the statute as being relevant to such an assignment is the conduct of the parties during the marriage.

The enactment clause of the 1979 amendment expressly stated that the amended version of chapter 5 of title 15 was to be applied "to all petitions pending on the date of passage of this act and to all petitions filed thereafter." In Zaharakos v. Zaharakos, R.I., 374 A.2d 101 (1977), this court, in the light of similar language contained in a 1976 amendment, applied the law as it was at the time of the appellate decision rather than the one that was in effect at the time judgment was made. There is no reason to do otherwise here.

Consequently, we shall remand the case so that the trial justice can make the requisite findings concerning fault and the other criteria listed in § 15-5-16, especially in regard to whether he considered Arlene's addiction in the category of fault or illness and, if it is in the category of fault, whether Robert's purchases of alcohol contributed in any manner to Arlene's present debilitated condition.

There is a second facet to Robert's appeal that should be considered. This facet merits consideration particularly if the trial justice, after remand, believes that Arlene qualifies for an alimony award. The alimony awarded consisted of an $80 weekly payment until the marital domicile was sold. Thereafter, the weekly award would be $100. Robert claims that the amounts are totally unjustified. His contention is better understood after a brief recitation of the travel of this case through the Family Court.

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5 cases
  • Pulawski v. Pulawski, 80-497-A
    • United States
    • Rhode Island Supreme Court
    • July 15, 1983
    ...relief, including alimony and equitable distribution of her husband's assets, the wife placed her conduct in issue. Carter v. Carter, R.I., 413 A.2d 55 (1980). He asserts that the award of alimony, as well as the equitable distribution of property, is made contingent upon several factors, i......
  • Murphy v. Murphy
    • United States
    • Rhode Island Supreme Court
    • February 16, 1984
    ...in support of his position, places heavy reliance on cases in which this court retroactively applied statutes. E.g., Carter v. Carter, R.I., 413 A.2d 55 (1980); Zaharakos v. Zaharakos, 118 R.I. 387, 374 A.2d 101 (1977). However, his dependence on these cases is misplaced. In Zaharakos we sa......
  • Sleboda v. Sleboda
    • United States
    • Rhode Island Supreme Court
    • May 14, 1982
    ...to an alimony award. Henry also argues that the question of Barbara's entitlement to alimony should be remanded in light of Carter v. Carter, R.I., 413 A.2d 55 (1980), where it was pointed out that the General Assembly in its January 1979 session amended G.L.1956 (1969 Reenactment) § 15-5-3......
  • Scheuerman v. Woronoff, 80-449-A
    • United States
    • Rhode Island Supreme Court
    • May 17, 1983
    ...have no discretion to act contrary to its terms and we must apply the law in effect at the time of our decision. See Carter v. Carter, R.I., 413 A.2d 55, 56 (1980); Zaharakos v. Zaharakos, 118 R.I. 387, 388-89, 374 A.2d 101, 102 Accordingly, we conclude that the Family Court has jurisdictio......
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