81 So. 3d 262
Miss. Ct. App.2012Background
- Will and Mary married in 1967, had two children, and separated in 2008.
- Mary filed for divorce in 2009 on irreconcilable differences and alleged cruelty; Will answered with same grounds.
- A temporary agreed order (April 7, 2009) provided for housing, bills, insurance, and freezing retirement accounts.
- Discovery disputes arose; Mary sought responses and Will argued he could not pay under the temporary order.
- Trial proceeded January 13, 2010; the court authored an oral ruling, later memorialized in the February 9, 2010 decree.
- Will appealed contending errors in property division, alimony, contempt findings, and attorney’s fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the property division and alimony were properly awarded | Will contends improper valuation and misapplication of Ferguson factors. | William argues the court followed Ferguson and failed to consider all assets properly. | Reversed and remanded for complete property division and alimony analysis. |
| Whether the contempt finding and attorney’s fees were proper | Will claims no contempt due to inability to pay and insufficient service; fees were improper. | Mary asserts contempt for failure to comply with temporary order; fees justified. | Contempt affirmed and attorney’s fees upheld. |
Key Cases Cited
- Lowrey v. Lowrey, 25 So.3d 274 (Miss. 2009) (alimony secondary to property division; deficits after division guide support)
- Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994) (establishes Ferguson factors for equitable division)
- Lauro v. Lauro, 847 So.2d 843 (Miss. 2003) (alimony considerations post-division of martial assets)
- Armstrong v. Armstrong, 618 So.2d 1278 (Miss. 1993) (factors for evaluating spousal support)
- Mabus v. Mabus, 910 So.2d 486 (Miss. 2005) (distinguishes contempt attorney’s fees from McKee analysis)
- Patterson v. Patterson, 20 So.3d 65 (Miss. Ct. App. 2009) (contempt fees awarded when contempt is proven)
- McKee v. McKee, 418 So.2d 764 (Miss. 1982) (McKee factors not required in contempt actions)
- Shavers v. Shavers, 982 So.2d 397 (Miss. 2008) (contempt proceedings often separate from divorce judgment)