Therrell v. Therrell, 1382
| Decision Date | 05 June 1989 |
| Docket Number | No. 1382,1382 |
| Citation | 299 S.C. 210,383 S.E.2d 259 |
| Parties | Sylvia S. THERRELL, Appellant, v. Bobby G. THERRELL, Respondent. . Heard |
| Court | South Carolina Court of Appeals |
Randall M. Chastain, Columbia, for appellant.
Kenneth R. Young, Jr., Sumter, for respondent.
This is a divorce action. Sylvia S. Therrell petitioned the family court for a divorce from her husband, Bobby G. Therrell, on the ground of adultery. Both parties sought equitable distribution of the marital estate. In addition, the wife sought permanent periodic alimony. The court granted the divorce, awarded the wife $500.00 per month rehabilitative alimony for twelve months, awarded the wife $1,200.00 per month permanent periodic alimony, and distributed the marital estate. The wife appeals the alimony award and the equitable distribution. We reverse and remand.
The parties were married in 1958. At the time of the hearing, the wife was fifty years old, in good health, and had a college degree in accounting. The husband was forty-eight years old, in good health, and had an eleventh grade education.
The husband worked and contributed most of the income throughout the marriage. In 1978, he started his own chemical supply business. In 1984, the business was incorporated under the name of Thero-Chem, Inc., with the husband being the sole owner and stockholder. The business showed promise in the early years. However from 1984 to 1987, the business suffered a series of reverses. Despite these setbacks, the parties continued to enjoy a high standard of living.
The wife worked outside the home from time to time during the twenty-eight year marriage. She worked as a secretary until their first child was born and continued working part time until the birth of their second child. In 1965, she began working for Dealer's Wholesale Company. She started as a secretary and worked her way up to general manager. After fourteen years, she quit her job to spend more time with their children and keep the books of her husband's business. In 1984, the company hired a bookkeeper and she worked on an as needed basis.
While the trial judge found that Mrs. Therrell was entitled to permanent periodic alimony, he also found that with additional training she could earn in excess of $15,000.00 per year. Therefore, he awarded twelve months of rehabilitative alimony in conjunction with his award of periodic alimony. Mrs. Therrell appeals this alimony award.
Mrs. Therrell asserts that the award of rehabilitative alimony was inappropriate and that the periodic alimony award was grossly inadequate.
Alimony is a substitute for the support which is normally incident to the marital relationship. Johnson v. Johnson, 296 S.C. 289, 372 S.E.2d 107 (Ct.App.1988). Ordinarily, the purpose of alimony is to place the supported spouse, as nearly as is practical, in the position of support she enjoyed during the marriage. Id.
Rehabilitative alimony may be awarded only upon a showing of special circumstances justifying a departure from the normal preference for permanent periodic support. The purpose of rehabilitative alimony is to encourage a dependent spouse to become self supporting after a divorce. Id. However, it should be approved only in exceptional circumstances, in part, because it seldom suffices to maintain the level of support the dependent spouse enjoyed as an incident to the marriage. Id.
The factors to be considered in awarding rehabilitative alimony include: (1) the duration of the marriage; (2) the age, health, and education of the supported spouse; (3) the financial resources of the parties; (4) the parties' accustomed standard of living; (5) the ability of the supporting spouse to meet his needs while meeting those of the supported spouse; (6) the time necessary for the supported spouse to acquire job training or skills; (7) the likelihood that the supported spouse will successfully complete retraining; and (8) the supported spouse's likelihood of success in the job market. Id. In order for rehabilitative alimony to be granted, there must be evidence demonstrating the self sufficiency of the supported spouse at the expiration of the ordered payments. Id.
In this case, the family court failed to make specific findings of fact justifying the award of rehabilitative alimony. The duration of the marriage, the age of the...
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