Another Alimony Correction Court of Appeals Win for Donald Capparella
When divorce ends a long-term marriage, a court usually has to make a decision about an award of alimony. In this case, the trial court properly found that the wife was entitled to alimony, but did not properly account for the wife’s own income-earning capacity.
In its alimony analysis, the trial court determined that amount of income the wife needed to sustain a similar lifestyle was $9,700 per month. The trial court also determined that the wife had the ability to earn $2,333.33 in income per month. The trial court, however, failed to factor the amount she could earn – the $2,333.33 – and merely awarded wife $9,700 in alimony per month.
The husband appealed, arguing that the alimony should be adjusted to reflect the amount of wife’s earning capability. The Court of Appeals agreed and found that the income the wife was able to provide for herself should be deducted from her need of $9,700 per month. Accordingly, the Court of Appeals reduced the trial court’s award of alimony to $7,366.67.
You can read the full opinion here.