Driver v. Driver
292 Ga. 800
Ga.2013Background
- Husband and Wife divorced after 20 years; trial court equitably divided marital property and awarded alimony.
- Trial court found Husband obscured financial status, cross-collateralized properties, and manipulated financial information.
- Court set Wife’s equitable property share at $500,000 and lump-sum alimony at $200,000 payable as $3,500 monthly for 60 months.
- Husband contended the court failed to value the estate and liabilities or require a total-estate value finding.
- Husband sought to reopen proof with new post-trial financial information after the bench trial.
- Appellate court affirmed the trial court’s rulings and denied the motion to reopen the proof.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the property division was equitable | Driver asserts error in lacking liabilities and total estate value. | Driver argues no consistent value to assess equity; in-kind award inadequate. | Division within trial court’s broad discretion; affirmed. |
| Whether the lump-sum alimony amount and pay schedule were proper | Driver contends alimony amount ignored ability to pay. | Driver contends trial court failed to consider Wife’s needs and income. | Court properly considered earning capacity and Wife’s need; no error. |
| Whether the findings affecting property or alimony were erroneous | Driver challenges several findings as incorrect. | Driver asserts the challenged findings are unsupported. | Most findings supported by some evidence; harmless error for one misidentification. |
| Whether the trial court properly denied reopening proof | Driver argues new evidence warrants reopening the proof. | Driver failed to request a hearing on offered dates and failed to notify parties. | No abuse of discretion; waiver and proper denial of reopening. |
Key Cases Cited
- Bloomfield v. Bloomfield, 282 Ga. 108 (Ga. 2007) (broad discretion to divide marital property; any evidence supports factual findings)
- Mathis v. Mathis, 281 Ga. 865 (Ga. 2007) (deference to trial court on division and factual findings)
- Hunter v. Hunter, 289 Ga. 9 (Ga. 2011) (procedural rule on post-judgment findings and OCGA 9-11-52)
- Vereen v. Vereen, 284 Ga. 755 (Ga. 2008) (wide latitude in alimony determinations)
- Connell v. Houser, 189 Ga. App. 158 (Ga. App. 1988) (presumption that trial court considered all evidence unless shown otherwise)