McDonald v. McDonald, 289 Ga. 387

Wife Frankie McDonald filed for divorce from husband Jeffery McDonald on January 22, 2009; no children; substantial marital debt discharged in bankruptcy; Wife disabled with pending personal injury claim against Best Buy.
Temporary order dated April 9, 2009 awarded Wife exclusive possession of the marital residence and required Husband to pay the monthly mortgage as temporary alimony.
Husband faced layoff around October 2009 and later sustained a work-related injury; he stopped making temporary alimony payments; Wife petitioned for contempt on October 16, 2009.
Final judgment and decree of divorce entered March 29, 2010: Wife awarded residence with future mortgage responsibility, two vehicles, personal injury claim proceeds, most furnishings; Husband awarded one vehicle, remaining retirement plan interests, personal injury claim proceeds, and some listed items; unequal debt split 45% Wife / 55% Husband; limited alimony awarded via health insurance continuation for 24 months and car payments for 12 months.
Contempt order entered March 29, 2010 found Husband’s failure to pay temporary alimony not willful, establishing a $11,710.02 arrearage; Husband sought discretionary appeal under the Court’s pilot project, which was granted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether alimony was properly awarded	McDonald asserts lack of need and inability to pay due to disability and unemployment.	Lanier contends Wife needed support and Husband had sufficient resources to provide limited alimony.	Alimony upheld; evidence supported need and ability to pay; discretion afforded to trial court.
Whether property division was proper	McDonald argues unequal distribution favored Wife.	Lanier asserts trial court’s broad discretion in equitable distribution supported the award.	Property division affirmed; supported by record and case law on equitable distribution.
Whether Husband was properly held in contempt for violating the temporary order	Wife contends Husband disobeyed temporary order by not paying alimony.	Husband claims nonpayment was not willful due to disability and job loss.	No contempt; court found nonwillful conduct and declined contempt.

Bloomfield v. Bloomfield, 282 Ga. 108 (Ga. 2007) (upholds trial court’s factual findings on alimony when supported by evidence)
Farrish v. Farrish, 279 Ga. 551 (Ga. 2005) (trial court has wide latitude in fixing alimony amount)
Wood v. Wood, 283 Ga. 8 (Ga. 2008) (broad discretion in equitable property distribution)
Wright v. Wright, 277 Ga. 133 (Ga. 2003) (pilot project for discretionary appeal procedures)