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Keywords

plaintifftrialmotiontrustwilldivorcealimonymotion to dismiss
plaintifftrialmotiontrustwilldivorcealimony

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Athorne v. Athorne, 100 N.H. 413, 128 A.2d 910

Facts

The plaintiff, a divorced wife, filed a motion in 1955 to enforce a divorce decree from 1952 that did not provide for alimony due to the husband's uncertain financial situation. The husband was a beneficiary of a discretionary trust established under the will of Grace L. Flint, which was valued at approximately $248,000. The court temporarily enjoined the trustee from making payments to the husband while the motion was pending, and the husband’s motion to dismiss was denied.

The plaintiff, a divorced wife, filed a motion in 1955 to enforce a divorce decree from 1952 that did not provide for alimony due to the husband's uncertain financial situation.

Issue

Can the court consider a discretionary trust, of which the husband is a beneficiary, when determining the amount of alimony to be awarded to the divorced wife?

Can the court consider a discretionary trust, of which the husband is a beneficiary, when determining the amount of alimony to be awarded to the divorced wife?

Rule

The court may take into account the existence of a discretionary trust when fixing alimony, even if the beneficiary cannot be compelled to access the trust funds directly.

The court may take into account the existence of a discretionary trust when fixing alimony, even if the beneficiary cannot be compelled to access the trust funds directly.

Analysis

The court analyzed the provisions of the will establishing the discretionary trust and determined that while the husband could not be compelled to access the trust for alimony payments, the existence of the trust could still be considered in determining the alimony amount. The court referenced previous cases that allowed for consideration of exempt resources in alimony determinations, emphasizing the need for a just outcome.

The court analyzed the provisions of the will establishing the discretionary trust and determined that while the husband could not be compelled to access the trust for alimony payments, the existence of the trust could still be considered in determining the alimony amount.

Conclusion

The court concluded that the trial court could consider the husband's interest in the discretionary trust when determining alimony, and the case was remanded for further proceedings.

The court concluded that the trial court could consider the husband's interest in the discretionary trust when determining alimony, and the case was remanded for further proceedings.

Who won?

The plaintiff, the divorced wife, prevailed in the sense that the court allowed consideration of the discretionary trust in the alimony determination.

The plaintiff, the divorced wife, prevailed in the sense that the court allowed consideration of the discretionary trust in the alimony determination.

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