Atteberry v. Atteberry

1976 OK 124, 554 P.2d 1370, 1976 Okla. LEXIS 571
Supreme Court of Oklahoma·Decided September 28, 1976·No. No. 47906·Published

Opinions

DAVISON, Justice:

On October 1, 1974, the trial court granted a divorce to each party from the other, on the grounds of incompatibility. The divorce decree included a property settlement; custody to the appellee, wife, of the two minor children, Marc Carleton, age 16, and Bryan Allan, age 15, plus the sum of $150.00 per month to each child as child support; and an alimony award of $84,000.00 to the wife, payable at the rate of $700.00 per month for ten years. The trial court also decreed a division of property between the parties.

The appellant, husband, appeals from the judgment of the trial court on two separate grounds, first that the division of the property was unjust and inequitable, and second, that the award of alimony was excessive.

The facts relative to the division of property and the award of alimony are so closely interwoven that a resume of the testimony will be helpful for an equitable determination of the problems before u's.

At the time of their marriage, December, 1950, the husband was entering his junior year at Tulsa University in pursuit of a degree in petroleum engineering. One year and a half later, he received this degree.

During the time the husband was in college, the wife taught music outside the home and worked as a secretary for the Gulf Oil Company. According to the testimony of the husband, the wife continued to work “sometime after I was out of school and further employed. Probably until the time we moved to Oklahoma City in 1968.”

From the time of their marriage until they moved to Oklahoma City, they had lived periodically in three different states. They were the parents of four children, two having reached their majority.

After they moved to Oklahoma City, the wife took courses in music and Spanish.

She taught school in Oklahoma City, under a temporary certificate, for a period of one year at a salary of $500.00 per month. However, her husband objected to her continuing teaching and her certificate expired in 1974. She testified that she had been unsuccessful in finding employment at the time of the trial.

The comparative values of the property as testified to by the parties are as follows:

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Atteberry v. Atteberry, 1976 OK 124, 554 P.2d 1370, 1976 Okla. LEXIS 571 (Okla. 1976).

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