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Keywords

motiondivorcealimonyparalegal
motionalimony

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McGee v. McGee, Not Reported in S.E.2d, 2007 WL 8327460

Facts

Monica and James McGee were married in 1988 and had two children. The marriage deteriorated after James disclosed he no longer loved Monica, leading to his separation and subsequent relationship with a mutual friend. Following their separation, both parties experienced emotional and financial challenges, with Monica losing her job as a paralegal. The family court ultimately granted a divorce on the grounds of adultery and awarded alimony and child support after considering various factors, including the parties' financial situations and the circumstances surrounding the marriage's breakdown.

Wife and James McGee (Husband) married on April 5, 1988, and had two children: Chelsea, born in 1991, and Alex, born in 1995.

Issue

Did the family court err in awarding lump sum alimony instead of permanent periodic or rehabilitative alimony, and was the amount awarded adequate given the circumstances?

Wife argues the family court erred in awarding lump sum alimony rather than permanent periodic or rehabilitative alimony.

Rule

The family court has discretion in determining alimony types and amounts, considering factors such as the duration of the marriage, the parties' financial situations, and any marital misconduct.

The amount to be awarded for alimony, as well as a determination of whether the spouse is entitled to alimony, is within the sound discretion of the family court.

Analysis

The court found that lump sum alimony was appropriate due to the unique circumstances of the case, including Monica's previous employment and the need for financial support during her transition back to work. However, the appellate court determined that the family court erred in labeling the award as lump sum alimony, as the circumstances did not justify this classification. Instead, the court modified the award to a different form of spousal support that allowed for a more equitable resolution.

The family court found '[l]ump sum alimony is appropriate based on the special and exceptional circumstances which exist in this case.'

Conclusion

The appellate court affirmed the family court's decision but modified the alimony amount to $500 per month for 36 months, recognizing the need for Monica to regain her financial footing.

We hereby modify Wife's alimony award to $500 per month for 36 months.

Who won?

Monica McGee prevailed in part, as the appellate court modified her alimony award to a higher amount, acknowledging her financial needs and the circumstances of the case.

Wife's arguments in her motion for reconsideration included: (1) the award of alimony should be increased.

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