Hammond v. Hammond, 290 Ga. 518

In a divorce, wife challenges trial court rulings on alimony arising from husband’s pension and on pension-based asset division.
Husband’s pension is a significant marital asset, vested but not yet matured, and not attachable under OCGA 47-3-28.
As of Aug 31, 2009, pension benefit (with 50% survivor annuity) would be $3,238 monthly; equity in the marital residence was $19,884 with other assets limited.
The trial court equitably divided assets, awarded wife the marital residence, split autos, ordered debts totaling about $52,000 by husband and $8,800 by wife, and ordered alimony and attorney fees.
The court ordered husband to pay wife alimony of $1,250 per month starting when he begins receiving his pension, in addition to other alimony and fees.
Wife sought discretionary review; the supreme court granted review under the court’s divorce pilot project.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether alimony tied to pension valuation was proper	Hammond argues time-rule valuation should govern pension division.	Hammond contends trial court had broad discretion to fix alimony amount.	Court affirmed alimony award; discretion not abused.
Whether division of the pension and related assets was an abuse of discretion	Hammond claims unequal asset division given pension value.	Hammond asserts trial court properly weighed pension value and debts.	No abuse; court exercised broad discretion; alimony in lieu supported division.
Whether the mortgage interest deduction provision for the residence was error	Hammond contends wife could not claim half the deduction.	Hammond argues deduction allocation benefits wife only to extent allowed.	No reversible error; decree clarifies wife can claim at least half the deduction.
Whether the court properly ordered indemnification of debts and attorney fees	Hammond challenges indebtedness indemnity forcing spouse to cover debts.	Hammond contends indemnity is appropriate protection for the other party.	Court did not abuse discretion; indemnification deemed reasonable and protective.

Mullinax v. Mullinax, 234 Ga. 553 (Ga. 1975) (pension considerations relevant to alimony and property division)
Courtney v. Courtney, 256 Ga. 97 (Ga. 1986) (factors governing alimony and marital assets discussed)
Taylor v. Taylor, 283 Ga. 63 (Ga. 2008) (pension can be marital property and subject to division)
In re Marriage of Hunt, 909 P.2d 525 (Colo. 1995) (time-rule formula used to determine marital interest in pension)
Farrish v. Farrish, 279 Ga. 551 (Ga. 2005) (trial court deference in setting alimony and support amounts)
Williamson v. Strickland & Smith, 296 Ga. App. 1 (Ga. App. 2009) (discretion in alimony and asset division under Georgia law)