Thomas v. Thomas
102 A.3d 1138
Del.2014Background
- Divorce filed Dec. 15, 2011; final alimony and property decisions entered May 6, 2013; Wife inherited about $450,000 (later confirmed $629,359) and kept as separate property; interim alimony awarded Apr. 30, 2012 based on $450,000 inheritance at 2.2% interest; final order awarded Wife $949 monthly alimony and 60/40 property split in Wife’s favor, with contempt sanction for Husband nonpayment and attorney’s fees awarded to Wife; case remanded for proceedings consistent with this opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the marital property distribution was error | Husband contends 50/50 split required | Wife’s inheritance and Wife’s parents’ gift justified unequal split | Not error; 60/40 split upheld, remanded for further proceedings. |
| Whether Wife’s dependency for alimony was properly determined | Inheritance should disqualify dependency | Dependency considered assets incl. inheritance; should not count principal | Legal error to exclude inheritance principal from resources; remand for recalculation. |
| Whether principal of inheritance should be included in alimony calculations (dependency/ability to pay) | Principle of inheritance should be counted | Only income from inheritance used | Principal must be considered; do not apply exclusion in alimony calculation. |
| Whether contempt sanction for nonpayment of interim alimony was proper | Wife entitled to fees given financial resources | Fees should be weighed against Wife’s resources | Award affirmed in part; court exercised discretion to allocate some fees to Husband. |
Key Cases Cited
- Mitchell v. Wilmington Trust Co., 449 A.2d 1055 (Del. Ch. 1982) (standard for evaluating property-related requests in equitable distribution)
- City of Wilmington v. Gen. Teamsters Local Union 326, 321 A.2d 123 (Del. 1974) (civil contempt standards and remedies in local government context)
- R.T.G. v. Wife G.K.G., 410 A.2d 155 (Del. 1979) (consideration of gifts in determining property division)
- DiSabatino v. Salicete, 671 A.2d 1344 (Del. 1996) (contours of contempt and remedies in family law)