Browne v. Browne

45 V.I. 625, 2004 WL 1078111, 2004 U.S. Dist. LEXIS 8527
CourtDistrict Court, Virgin Islands
DecidedMay 3, 2004
DocketD.C. Civ. App. No. 2001/90
StatusPublished
Cited by1 cases

This text of 45 V.I. 625 (Browne v. Browne) is published on Counsel Stack Legal Research, covering District Court, Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Browne v. Browne, 45 V.I. 625, 2004 WL 1078111, 2004 U.S. Dist. LEXIS 8527 (vid 2004).

Opinion

MEMORANDUM OPINION

Per curiam.

William Browne [“Appellant”, “William”] appeals from an order of the Family Division of the Territorial Court requiring him to pay temporary alimony and alimony in gross to Sonia Browne [“Appellee”, “Sonia”]. This Court is now asked to decide whether the temporary alimony award of $700 monthly for two years, the $6,500 lump sum award to the appellee for the purchase of a car and the initial cost of obtaining an apartment, and the award of $801 to defray appellee’s travel expenses connected with this litigation constituted an abuse of the court’s discretion. For the reasons more fully stated below, the Territorial Court’s alimony award is affirmed.

I. STATEMENT OF THE FACTS AND PROCEDURAL POSTURE

William and Sonia Browne were married in 1991. Sonia came to the marriage with one child; however, no children were borne of the couple’s marriage. For the full term of the marriage, Sonia was a homemaker. On December 29, 1999, Sonia filed an action for divorce. [Joint Appendix (“J.A.”) at 2]. The parties submitted to mediation and as a result of such mediation entered into a property settlement agreement. [J.A. at 228], As a result of that mediation, the parties agreed, inter alia, that William would continue to reside in the marital homestead at No. 152 Estate Work & Rest until the time of sale, after which they would share equally in the proceeds; no mortgage remained owing on that home. [Id.]. Additionally, Sonia relinquished her interest in the parties’ cars for a payment of $2,000, and William retained both vehicles owned by the parties. [Id. at 230]. The parties left the issue of alimony to the court. After a hearing on that issue, the Territorial Court ordered alimony of [627]*627$700 monthly for a period of two years and alimony in gross of $6,500. [J.A. at 8-11]. This appeal followed.

II. DISCUSSION

A. Jurisdiction and Standard of Review

This appeal from the April 9, 2001 order of the Family Division was timely brought under this Court’s jurisdiction, pursuant to title 4, section 33 of the Virgin Islands Code. We review alimony awards for abuse of discretion. See Feddersen v. Feddersen, 68 F. Supp. 2d 585, 590(D.V.I. App. Div. 1999). In that regard, we may disturb the court’s factual determinations only if clearly erroneous, while the court’s application of law is subject to plenary review. See Bloch v. Bloch, 473 F.2d 1067, 1068-69 (3d Cir. 1973).

B. Did the Trial Court’s Alimony Order Constitute An Abuse of its Discretion?

William argues the trial court abused its discretion in ordering the various alimony amounts.

Alimony awards are properly within the jurisdiction of the Territorial Court’s Family Division. See V.I. CODE Ann. tit. 16, § 109(3) (1997). That statute permits the court to exercise its discretion to award to “a party determined to be in need thereof an amount of money in gross or in installments, as may be necessary for the support and maintenance of such party.” 16 V.I.C. § 109(3) (emphasis added). This Court has set forth the following considerations which must be factored in the court’s proper exercise of its discretion under 16 V.I.C. § 109(3):

[T]he amount of property of each spouse, the circumstances surrounding the parties, the wife’s necessities, and the husband’s financial ability, the physical condition of the parties, the nature of their life together, and in these modern times the wife’s independence and ability to earn her own way, which must all be considered by the court in the exercise of its discretion in awarding or denying alimony. Feddersen, 68 F. Supp. 2d at 595 (citing Coman v. Coman, 492 F.2d 273, 278 (3d Cir. 1974). Thus, the touchstone for alimony determinations is a finding of need of one party and the ability of the other to pay for those needs. See id.; see, also, Poe v. Poe, 409 F.2d 40, 42-43 (3d Cir. 1969) (“statutory [628]*628authorization of alimony does not necessarily mean that a wife is entitled to such an award in every case”).
1. Temporary Alimony

William’s first challenge surrounds the court’s order of temporary alimony amounting to $700 monthly over a two-year period. He contends his ability to pay those amounts was not properly determined as required under our jurisprudence and, therefore, constitutes an abuse of discretion.

A review of the trial record belies William’s assertion that the court arbitrarily ordered alimony without balancing the factors outlined in Feddersen, supra. After a hearing on the issue, the court entered an order in which it specifically made reference to its consideration of the required factors:

William Browne’s [“Defendant”] financial ability to pay alimony is evident, despite his claims to the contrary. Nonetheless, the Court’s decisions turns on Sonia Browne’s [“Plaintiff’] ability to pay her own way, her necessities and her physical condition.
In the instant case, it is clear that Plaintiff has established sufficient proof of her inability to pay her own way to warrant alimony. Specifically, at age forty-five (45) Plaintiff lacks marketable skills because she remained unemployed for the past sixteen (16) years .... Accordingly, she relies on the gratuity of her mother for daily support and maintenance ....
Against this background, it is clear that Plaintiff does not have sufficient assets to provide for her immediate financial needs. As per Plaintiffs Financial Statement, we find that her reasonable and necessary monthly expenses total $700.00.

[J.A. at 8-11]. Coupled with that evidence of Sonia’s dire circumstances, the trial court also had before it evidence that William earned between $47,000 and $65,000 annually from 1996 to 2000. [J.A. at 81-82], and had a savings balance of approximately $3,400. [Id. at 77]. He also owned a car and a truck and remained in the marital abode, for which there was no mortgage, [J.A. at 147], until such time as it was sold.

[629]*629The trial court in this instance considered the appropriate factors as required in this jurisdiction and, after such consideration, found the appellee to be sufficiently in need of assistance to restart her life and the appellant fully capable of rendering such assistance. Those findings are amply supported in the record, and no abuse of discretion is found.

2. Alimony in gross

We turn next to the lump sum award of $6,500, designated for the purpose of addressing Sonia’s need for a car, the initial cost of obtaining an apartment, and for defraying $801 in travel expenses associated with prosecuting this divorce action.

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Harvey v. Christopher
55 V.I. 565 (Supreme Court of The Virgin Islands, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
45 V.I. 625, 2004 WL 1078111, 2004 U.S. Dist. LEXIS 8527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/browne-v-browne-vid-2004.