628 So. 2d 650 | Ala. Civ. App. | 1993
This is a divorce case.
Robert DeLaurentis filed for divorce from Frances R. DeLaurentis in December 1991, alleging incompatibility. The trial court divorced the parties in August 1992, awarding custody of the parties' minor daughter to the wife, ordering child support to be paid to the wife, dividing the parties' property, and awarding the wife alimony. The husband appeals.
The husband contends on appeal that the trial court committed reversible error in awarding the wife two individual retirement accounts (IRAs) belonging to the husband; that the trial court's division of property and award of alimony were unjust; and that the trial court's award of child support was higher than the amount specified in Rule 32, Ala.R.Jud.Admin.
At the outset, we note that in divorce cases, where the trial court receives ore tenus evidence, its judgment is presumed correct and will not be reversed unless it is plainly and palpably wrong. Horner v. Horner,
The husband first contends that the trial court erred in awarding the wife two IRAs which were held in the husband's name. He unpersuasively argues that IRAs are retirement benefits, and hence not subject to division as alimony in gross or as a property settlement, pursuant to Kabaci v.Kabaci,
The husband next contends that the trial court's division of property and its award of alimony are unfair and inequitable. A property division incident to divorce and a periodic alimony award are interrelated, and the entire judgment must be considered in determining whether the trial court abused *652
its discretion. Montgomery v. Montgomery,
The husband contends that his wife will receive approximately 55% of the parties' assets, which he contends is inequitable in light of his contributions to the marriage. The record reveals that the husband has a master's degree and that his 1991 income tax return discloses an adjusted gross income of approximately $157,000, with income from numerous investments. The husband estimates the total worth of the parties' holdings between $838,724 and $976,092. There is testimony that a portion of the parties' assets was contributed by the wife through an inheritance. The wife has not worked during the marriage except briefly as a receptionist at one of the husband's businesses. She is 52 years old and she appears to have no marketable job skills. The testimony revealed that the wife had the primary role of rearing the parties' three children while the husband worked. Further testimony revealed that the husband engaged in numerous extramarital affairs. While this court might not have divided the parties' assets in the same manner as the trial court, we cannot find that the trial court's division was inequitable and, therefore, cannot say it amounted to an abuse of discretion. Montgomery, supra.
In reviewing the interrelated question of periodic alimony, we reach the same conclusion. In light of the relevant factors to be considered, we conclude that the trial court's award of $2,000 per month in periodic alimony is not so high as to constitute an abuse of discretion. Montgomery, supra.
We find the husband's last contention, that the award of $1,500 per month in child support was excessive, to be unpersuasive. The husband's income exceeds the uppermost figure on the child support guideline tables set forth in Rule 32, Ala.R.Jud.Admin. When such is the case, the trial court may use its discretion in determining the level of child support due from the non-custodial parent. Cox v. Cox,
Accordingly, the judgment of the trial court is due to be affirmed. The wife's request for an attorney fee is denied.
AFFIRMED.
ROBERTSON, P.J., and YATES, J., concur.