Totty v. Totty
| Citation | 681 So.2d 156 |
| Parties | Emily Cain TOTTY v. William Kirby TOTTY. 2940484. |
| Decision Date | 04 August 1995 |
| Court | Alabama Court of Civil Appeals |
Phyllis J. Logsdon, Dothan, for Appellant.
Jere C. Segrest and Tina M. Stamps of Hardwick, Hause & Segrest, Dothan, for Appellee.
L. CHARLES WRIGHT, Retired Appellate Judge.
Following oral proceedings, the Circuit Court of Houston County entered a final judgment of divorce and ordered a division of the parties' property. The wife appeals, contending that the trial court abused its discretion in failing to award her periodic alimony and in failing to award her a reasonable sum as alimony in gross.
The award of periodic alimony and the division of marital property are matters of judicial discretion, and the trial court's judgment will not be reversed on appeal except for palpable abuse. Grimsley v. Grimsley, 545 So.2d 75 (Ala.Civ.App.1989). Factors which the trial court should consider in determining an award of alimony and in dividing marital property include the future prospects of the parties; their ages, health, station in life, and the length of the marriage; and, in appropriate situations, the parties' conduct with reference to the cause of the divorce. Grimsley. The purpose of periodic alimony is to support the former dependent spouse. Trammell v. Trammell, 589 So.2d 743 (Ala.Civ.App.1991).
The record reflects that the parties were married for approximately 26 years. They have an adopted daughter, who was born in 1979. The wife testified that she was seeking the divorce because the parties had "grown apart." The husband did not want to be divorced, and he wished to seek counseling with the wife. The parties have not shared the same bedroom for at least the last seven or eight years. There is no evidence of misconduct on the part of either party.
The husband, who was 46 years old at the time of trial, is self-employed. He testified that his monthly income from his printing business for 1994 was approximately $3,600. He testified that he has no other income from any other source.
The wife worked the majority of the marriage. She was instrumental in starting the husband's business. She worked in the printing business from 1985 through 1990. In 1990 the wife returned to school and earned a bachelor's degree in education. At the time of trial, she had been accepted into a program to earn her master's degree. The wife secured a teaching position for the 1994-95 school year. She worked in that position for approximately four weeks before she resigned. At the time of the hearing she was working full-time at Parisian's department store, earning approximately $880 per month. She acknowledged that she intended to pursue another teaching position and that she would earn a minimum of $23,000 annually upon securing such position.
The parties acknowledge that their home is the only substantial asset that has been accumulated during their marriage. The home has a...
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