Rich v. Rich
| Decision Date | 01 July 1981 |
| Citation | 402 So.2d 997 |
| Parties | Blair Marques RICH v. Jack Pearce RICH, Jr. Civ. 2414. |
| Court | Alabama Court of Civil Appeals |
Sloan Y. Bashinsky, II, Birmingham, for appellant.
Kenneth D. Wallis, Jr., Birmingham, for appellee.
This is a divorce case. The wife appeals claiming alternatively that (1) the trial court's failure to award her periodic alimony constituted a palpable abuse of discretion, and (2) if the judgment awarding only alimony in gross is correct, the amount awarded thereunder is insufficient.
The trial court heard the evidence ore tenus and we view its findings with a presumption of correctness. Childress v. Childress, 378 So.2d 1147 (Ala.Civ.App.1979). The trial court, in its discretion, may award periodic alimony or alimony in gross or both and the exercise of the court's discretion will not be reversed except for palpable abuse thereof. Miller v. Miller, 361 So.2d 577 (Ala.Civ.App.1978); Clark v. Clark, 356 So.2d 1208 (Ala.Civ.App.1978); Bowers v. Bowers, 355 So.2d 732 (Ala.Civ.App.1978). An award of alimony incident to the granting of a divorce is not mandatory but is a matter addressed to the trial court's discretion. Plaskett v. Plaskett, 348 So.2d 784 (Ala.Civ.App.), cert. denied, 348 So.2d 789 (Ala.1977). The court's decision to award or deny periodic alimony depends upon the facts of the particular case. Hardwick v. Hardwick, 55 Ala.App. 156, 314 So.2d 76 (1975).
In the instant case, the trial court declined to award periodic alimony to the wife. Instead the court awarded alimony in gross of $8,400, roughly equal to one-third of the husband's estate, to be paid in twenty-four monthly installments of $350 each over the next two years. Without detailing the evidence which led to the trial court's determination, it is sufficient that we find no abuse of discretion therein. Clark v. Clark, supra. The evidence, particularly that regarding the wife's age, intelligence, numerous civic activities and various employments during part of the marriage, is indicative of a person capable of successfully reentering the job market. The trial court apparently considered it so and ordered monthly alimony in gross installments to allow the wife time to overcome her anxiety suffered as a result of the divorce, which her physician testified would cease interfering with her functioning within a year's time.
The wife further claims that the alimony in gross award is insufficient.
The decree fixed alimony, child support and mortgage obligations on the husband which, when added to his testified minimal...
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West v. West
...disturbed on appeal absent a showing of such an abuse of discretion as to render the judgment plainly and palpably wrong. Rich v. Rich, 402 So.2d 997 (Ala.Civ.App.1981). The wife's failure to request alimony in her pleadings does not prevent the trial court from making such an award if the ......
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Gilliland v. Gilliland
...alimony and this exercise of the trial court's discretion will not be reversed except for palpable abuse thereof. E.g., Rich v. Rich, 402 So.2d 997 (Ala.1981); Rose v. Rose, 395 So.2d 1038 In this case the wife is fifty-one years old, unemployed, with no marketable skills, a back injury, an......
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