Dozier v. Dozier
2014 Ark. App. 78
Ark. Ct. App.2014Background
- Cathy Dozier was married to John Dozier in May 1993; they had no children.
- A 2012 divorce decree awarded Cathy rehabilitative alimony of $2,500/month for seven years and an equal division of marital property, with John retaining certain nonmarital assets.
- A 250-acre parcel was conveyed to John or John’s trust; a correction deed later identified the property as belonging to the John B. Dozier Land Trust.
- The circuit court classified the Land Trust assets as John’s nonmarital property and ordered Cathy’s alimony for seven years, with other financial provisions and division of retirement accounts.
- Cathy appealed, arguing alimony amount/duration and misclassification of property; John countered, defending the trial court’s rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Alimony amount and duration | Dozier argues the award is too low and too brief. | Dozier contends the court acted within its discretion. | No abuse; affirmed award and duration. |
| Classification of the 250 acres as marital or nonmarital property | Property was marital and not a gift; should be divided. | Property was John’s nonmarital gift and properly classified. | Affirmed nonmarital classification; not clearly erroneous. |
| Illusory Land Trust and asset division | Trust was illusory; assets should be marital. | Trust was valid; assets properly treated. | Trust upheld as valid; no clear error in rejection of illusory-trust argument. |
Key Cases Cited
- Page v. Page, 2010 Ark. App. 188 (Ark. App. 2010) (rehabilitative alimony framework; flexibly set durations)
- Taylor v. Taylor, 369 Ark. 31, 250 S.W.3d 232 (Ark. 2007) (abuse of discretion standard for alimony)
- Ary v. Ary, 2013 Ark. App. 677 (Ark. App. 2013) (consideration of alimony factors; non-formula approach)
- Whitworth v. Whitworth, 2009 Ark. App. 410 (Ark. App. 2009) (appellate review of alimony decisions)
- Farrell v. Farrell, 365 Ark. 465, 231 S.W.3d 619 (Ark. 2006) (standard for reviewing property classifications)
- Hearne v. Banks, 2009 Ark. App. 590 (Ark. App. 2009) (clear and convincing evidence standard regarding factual findings)