Palmer v. Palmer

841 So. 2d 185, 2003 WL 1702133
CourtCourt of Appeals of Mississippi
DecidedApril 1, 2003
Docket2001-CA-01950-COA
StatusPublished
Cited by12 cases

This text of 841 So. 2d 185 (Palmer v. Palmer) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Palmer v. Palmer, 841 So. 2d 185, 2003 WL 1702133 (Mich. Ct. App. 2003).

Opinion

841 So.2d 185 (2003)

Hal Eugene PALMER, Appellant
v.
Sara Goodwin PALMER, Appellee.

No. 2001-CA-01950-COA.

Court of Appeals of Mississippi.

April 1, 2003.

*187 Rex F. Sanderson, Houston, for appellant.

Gary L. Carnathan, Amory, for appellee.

Before SOUTHWICK, P.J., BRIDGES and MYERS, JJ.

MYERS, J., FOR THE COURT:

¶ 1. The chancellor granted Sara Palmer a divorce from her husband based on the ground of adultery. The chancellor awarded periodic alimony and divided the marital assets. The husband appeals asserting:

1. THE TRIAL COURT ERRED BY AWARDING ALIMONY TO THE WIFE OR IN THE ALTERNATIVE, IN AWARDING ALIMONY IN AN AMOUNT THAT WAS MORE THAN THE HUSBAND CAN PAY;

2. THE TRIAL COURT ERRED BY NOT CONSIDERING THE VALUE OF THE WIFE'S SEPARATE ESTATE NOR DID IT CONSIDER THE MARITAL DEBT WHEN DIVIDING THE MARITAL PROPERTY.

STATEMENT OF THE FACTS

¶ 2. Sara Goodwin Palmer and Hal Eugene Palmer were married on December 26, 1964. Their relationship resulted in two children, both of whom had reached the age of majority prior to the trial court proceeding.

¶ 3. The two lived together until Sara left their marital home on June 11, 2000. They have not cohabited since that date. Sara filed her complaint seeking an irreconcilable differences divorce on August 10. They filed a stipulation to the irreconcilable difference divorce on October 24. On January 17, 2001, Sara filed a motion that sought to withdraw the consent divorce and sought a divorce based on adultery. The motion was granted January 22.

¶ 4. A hearing was held and on September 6, 2001, the trial court issued its opinion. Gene submitted a motion seeking a new trial and on November 28, the trial court issued an amended judgment. The amended judgment was filed the next day. It granted Sara:

1. A divorce based on the ground of adultery;
2. The marital home valued between $62,000 and $86,270, including all furniture and appliances;
3. The 1994 Buick valued between $3,500 and $7,000;
4. Fifty percent of Gene's 401(k), total which was valued at $78,210.22 resulting in Sara receiving $39,105.11;
5. Her entire 401(k), which was valued at $3,000;
6. A $5,000 certificate of deposit;
7. $30,000 life insurance policy on Gene naming her as beneficiary; and
8. Periodic alimony of $600 per month.

¶ 5. Gene was awarded:

1. A house and lot purchased after their separation with marital funds valued at about $30,000 and insured for $40,000.00;
2. A lawnmower worth $3,000;
3. The guns valued at $600;
4 $400 in a savings account;
5. Bonds, valued at less than $2,000 at the time of the hearing but listed as being worth $6,500 at the time of the completion of the 8.05 statement;
6. Fifty percent of his 401(k), total which was valued at $78,210.22 resulting in Gene receiving $39,105.11; and
7. His Goodyear pension plan valued at $50, 496.03 which Gene will draw at age 65.

*188 ¶ 6. Gene was fifty-nine years old at the time of the hearing. Gene is in deteriorating health. Gene has arthritis in his knees, back, and shoulders. He has had a hernia repaired, has been scheduled for gall bladder surgery, and has a growth on his kidney.

¶ 7. Gene never completed high school but had managed to provide a comfortable lifestyle through positions at a Western Auto store and his current employment as a tire salesman for Goodyear. He has worked for Goodyear for the last fifteen years. His approximate net income is $1,950 per month, which includes $409 withheld as part of his 401(k) and $466 withheld as payment on a loan used to purchase his new residence. Gene's actual base salary without commission is $1,620.

¶ 8. Gene's expenses are $1,182.90 per month not including the $466 per month withdrawal from his salary. His liabilities totaled $38,900.

¶ 9. Sara was fifty-five years old at the time of the hearing. She is in fairly good health, although she suffers from high blood pressure and a thyroid condition.

¶ 10. Sara is a high school graduate and works at the Chickasaw County Farm Bureau as a secretary and receptionist. Sara nets approximately $800 per month, which does not include her $111.66 monthly 401(k) contribution. Her monthly expenses totaled $1,241. This does not include what she will have to pay for medical insurance once she loses coverage through Goodyear. Sara has no liabilities. Sara also has an undivided one-half remainder interest in 116 acres of land. Her aunt has a life estate in the land.

LEGAL ANALYSIS

¶ 11. All of the issues raised by Gene involve the same standard of review. It must be reasonably certain to this Court that the chancellor abused his discretion, was manifestly wrong, was clearly erroneous or applied an erroneous legal standard to render a reversal. Barton v. Barton, 790 So.2d 169, 175(¶ 17) (Miss.2001); Duncan v. Duncan, 774 So.2d 418, 419(¶ 4) (Miss.2000).

1. DID THE TRIAL COURT ERR BY AWARDING ALIMONY TO THE WIFE OR IN THE ALTERNATIVE, IN AWARDING ALIMONY IN AN AMOUNT THAT WAS MORE THAN THE HUSBAND CAN PAY?

¶ 12. The guidelines to be used in determining if alimony is appropriate in a particular case were established in Armstrong v. Armstrong, 618 So.2d 1278 (Miss. 1993). The factors are:

(1) The income and expenses of the parties;
(2) The health and earning capacities of the parties;
(3) The needs of each party;
(4) The obligations and assets of each party;
(5) The length of the marriage;
(6) The presence or absence of minor children in the home;
(7) The age of the parties;
(8) The standard of living of the parties, both during the marriage and at the time of the support determination;
(9) The tax consequences of the spousal support order;
(10) Fault or misconduct;
(11) Wasteful dissipation of assets by either party; or
(12) Any other factor deemed just and equitable.

Id. at 1280. Unlike property division, an on-the-record analysis of the Armstrong factors is not necessary. Thompson v. Thompson, 816 So.2d 417, 420(¶ 9) (Miss. Ct.App.2002).

*189 ¶ 13. Gene first argues that alimony should not be awarded because after the division of marital assets, Sara had no deficit. Equitable distribution is primarily used to attempt a severance of the relationship so that both can begin separate lives. Ferguson v. Ferguson, 639 So.2d 921, 929 (Miss.1994). Alimony should only be awarded if a spouse would be left with a deficit. Johnson v. Johnson, 650 So.2d 1281, 1287 (Miss.1994).

¶ 14. A review of the chancellor's judgment and the record reveals that Sara's expenses each month outpace her income by several hundred dollars. Additionally, Sara will have to obtain medical insurance now that she will not be covered by Gene's company policy. The quote presented by her testimony from the company she worked for was almost three hundred dollars.

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Cite This Page — Counsel Stack

Bluebook (online)
841 So. 2d 185, 2003 WL 1702133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-palmer-missctapp-2003.