Long v. Long
| Decision Date | 31 December 1975 |
| Citation | 324 So.2d 789,56 Ala.App. 648 |
| Parties | Billie H. LONG v. Patricia Duff LONG. Civ. 637. |
| Court | Alabama Court of Civil Appeals |
Whitesell & Gordon, Montgomery, for appellant.
George H. B. Mathews, Montgomery, for appellee.
This is an appeal from the provisions of a divorce decree awarding alimony and division of property.
A divorce was granted the husband upon his cross-complaint on the ground of incompatibility. The wife was awarded title to the home and all household furnishings, a 1974 automobile, $700.00 cash, $1,500.00 attorney fees, alimony for two years at $750.00 per month and thereafter alimony of $500.00 per month until death or remarriage. The husband was awarded a savings account containing some $5,000.00, savings bonds of the value of some $4,000.00 and a 1966 model automobile. Husband appeals from the decree, primarily complaining of error in the award of the monthly alimony.
The evidence discloses certain pertinent facts. The parties were married for over 20 years. Two daughters were born who are now adult college students of the ages of 19 and 20 years. The husband is a retired military master sergeant, currently drawing, after insurance premium deductions and taxes, a monthly net of $386.46. He is employed by the State of Alabama as Warden of Mt. Meigs Medical and Diagnostic Center. His gross salary is $15,039.00 annually. His monthly net salary is $914.33. Salary plus retirement totals a net monthly income of $1,294.00.
The parties purchased a home in 1971 with a $7,500.00 down payment. The evidence does not disclose a present market value of the home. It may be reasonably inferred that over four years of payments plus inflation have substantially increased the equity therein. The wife has not been employed during the marriage and has no job skill. In 1966, the wife was found to have a disease known as systemic lupus erythematosis. This disease causes the body to have an immunological reaction to its own tissue. It may affect the organs of the body in various ways. It affects the central nervous system. The primary danger to mortality is in involvement of the kidneys. Regular evaluation at intervals of six months to a year is required to check any effect on the kidneys. Mrs. Long has had no kidney involvement at this time. She has had some skin involvement from the disease. She is stated to be highly nervous and tends to be neurotic in behavior. Psychiatric consultation has been advised. It is expected that Mrs. Long will need to see a physician often, primarily to relieve her mind as to symptomatic problems which may arise. Her physician places no restriction on any activity which she feels like undertaking. Mrs. Long takes some seven drugs. Some daily and others as needed. They include vitamins, anti-histamines, aspirin and a large volume of a tranquilizer.
Mrs. Long has had a hysterectomy and several breast excisions for benign cysts and is clearly...
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