563 So. 2d 1061 | Ala. Civ. App. | 1990
This is a divorce case.
On March 2, 1989, the wife filed a complaint for divorce in the Circuit Court of Madison County. Pending a final determination, an award of pendente lite alimony in the amount of $800 per month was awarded to her.
A final decree divorcing the parties was entered by the circuit court on August 9, 1989. According to its terms, the wife was awarded the exclusive right of redemption of the parties' marital home, which was sold by foreclosure sale in April of 1989; periodic alimony in the amount of $800 per month; possession of a 1987 Cadillac; and an attorney's fee in the amount of $3,700.
The husband was also ordered to transfer to the wife two shares of common stock held by him in a closely-held corporation, thus making her the majority stockholder in said corporation. Furthermore, the wife was awarded a one-fourth ownership interest in any broadcasting license that the husband may be awarded in the future. The husband appeals. We affirm in part and reverse in part.
The husband contends that the circuit court erred in awarding to the wife a one-fourth interest in any broadcasting license that he may, in the future, obtain. He further asserts that the circuit court abused its discretion in effecting the property settlement ordered by the divorce decree and in awarding periodic alimony and an attorney's fee.
Initially, we note that the judgment of a trial court following an ore tenus hearing is presumed correct and will not be set aside unless it is plainly and palpably wrong.Lucero v. Lucero,
Various factors also exist which a trial court may consider in determining an award of periodic alimony, including the financial circumstances of the parties, the duration of the marriage, the parties' future prospects, and, where appropriate, the fault of the parties. Hinds v. Hinds,
With respect to the circuit court's award to the wife of an interest in any broadcasting license that the husband may obtain, we find that such license or licenses are not marital property subject to division by the trial court as contemplated by §
The circuit court heard testimony that the husband had, in fact, applied for such a license and that its value, as estimated by him, ranged from $100,000 to $300,000. However, there is no guarantee that his application will be granted. Furthermore, at the time of divorce, he possessed no enforceable right to, nor did he have any vested interest in, such a license. Therefore, we find that the circuit court erred in construing any future grant of a broadcasting *1063 license to be marital property subject to division.
The husband next contends that the circuit court abused its discretion in ordering a division of property, other than an interest in any future broadcasting licenses obtained by him, and in awarding periodic alimony and an attorney's fee. We disagree.
We pretermit a detailed recitation of the evidence in view of the fact that it would add little or nothing to the vast amount of case law addressing this subject. Suffice it to say that, considering the parties' twenty-seven-year marriage; the age of the parties; the fact that, with the exception of a brief period in 1988, the wife has not worked outside the home during the course of the marriage; and that the wife possesses only a ninth-grade education, we cannot conclude that the division of property and the $800 award of monthly alimony constitute an abuse of the circuit court's discretion. See Kennedy v. Kennedy,
Finally, we recognize that a trial court is also afforded broad discretion in awarding attorney's fees in divorce cases. Click v. Click,
In view of the above, this case is due to be affirmed in part, reversed in part, and remanded with instructions for the circuit court to enter an order consistent with this opinion.
The wife has requested an attorney's fee for representation on appeal. The request is hereby denied.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH INSTRUCTIONS.
INGRAM, P.J., and ROBERTSON, J., concur.
