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Keywords

attorneytrialwilldivorcealimony

attorneyappealtrialwilldivorcealimony

Related Cases

Armstrong v. Armstrong, 618 So.2d 1278

Facts

Stanley and Nina Armstrong were married for 21 years and had two children. They separated in February 1991, and Nina filed for divorce, citing adultery. At trial, Stanley did not contest the grounds for divorce, and the court awarded Nina custody of the children, child support, and some property, but denied her requests for adequate periodic alimony, lump sum alimony, a portion of Stanley's pension, and attorney's fees.

Nina's subsequently filed divorce complaint charged Stanley with adultery and sought custody of the children, child support, alimony, possession and title to the marital residence, furniture, and other personal property, as well as attorney's fees.

Issue

Did the trial court err in its alimony award and in denying Nina reasonable attorney's fees?

Nina appeals contending: (1) The trial court erred in failing to award her adequate periodic alimony; (2) The trial court erred in refusing to award her lump sum alimony; (3) The trial court erred in refusing to award her a portion of Stanley's vested pension plan and stock; (4) The trial court erred in requiring her to pay the second mortgage on the marital residence; and (5) The trial court erred in refusing to award her reasonable attorney's fees.

Rule

Alimony awards are within the discretion of the chancellor and will not be reversed unless there is a manifest error or abuse of discretion. Factors to consider include the income and expenses of the parties, their health and earning capacities, and the length of the marriage.

Alimony awards are within the discretion of the chancellor, McEachern v. McEachern, 605 So.2d 809, 814 (Miss.1992); Cherry v. Cherry, 593 So.2d 13, 19 (Miss.1991), and his discretion will not be reversed on appeal unless the chancellor was manifestly in error in his finding of fact and abused his discretion.

Analysis

The court found that the trial court's award of alimony was inadequate given Nina's circumstances, including her primary custodial responsibility for two minor children and her limited earning capacity. The court emphasized that periodic alimony was necessary to address Nina's ongoing needs, rather than a time-limited award. Furthermore, the court noted that the trial court's failure to award attorney's fees was an abuse of discretion, given Nina's financial situation and the evidence presented.

Nina is entitled to periodic alimony as a flexible means of protecting her needs as they arise during her unmarried status, if Stanley is financially able to assist her.

Conclusion

The Supreme Court affirmed the trial court's decision in part but reversed and rendered in part, modifying the alimony award to periodic payments and awarding Nina $1,275 for attorney's fees.

We reverse the chancellor's award of alimony to Nina for the limited period of two years and render an award of periodic alimony to Nina in the sum of $175.00 per month until she dies, remarries, or the award is modified or terminated pursuant to proper order of the trial court.

Who won?

Nina Frances (Peters) Armstrong prevailed in part, as the court modified her alimony award to periodic payments and granted her attorney's fees, recognizing the inadequacy of the original award and the abuse of discretion in denying fees.

Under these circumstances, failure to award Nina the reasonable attorney's fees incurred was an abuse of discretion.

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