182 S.W.2d 786 | Ky. Ct. App. | 1944
Affirming.
The judgment divorces the appellee from the appellant and awards her alimony of $50 a month. It also decrees the appellant shall pay $50 a month to her for the maintenance of their child. The appeal is only from the award of alimony and the allowance of $400 to the wife's attorneys as part of the costs.
The ground upon which the wife was granted the divorce is "habitually behaving toward her, for not less than six months, in such cruel and inhuman manner as to indicate a settled aversion to her and to destroy permanently her peace or happiness." KRS
A recitation of the evidence of the causes and the conduct of the parties which resulted in this tragedy of a broken home is neither necessary nor desirable. We have considered the record fully and concur in the conclusion of the chancellor that the wife was entitled to the divorce. That being so, it follows that she was entitled to alimony since it is shown that she does not have sufficient estate of her own to maintain herself. KRS 403.060. The elements entering into the amount to be allowed the wife have been often stated. See Sabel v. Sabel,
The award of a $400 fee to the wife's attorneys is also questioned. The ability to pay such a fee is manifest. In a vigorously contested divorce case which involves people of prominence in the community, there is often present unpleasantness and quite frequently future repercussions upon the attorney's practice. We think the fee is fair and reasonable. Cf. Hooe v. Hooe,
The judgment is affirmed.