Riley v. Riley

846 So. 2d 282, 2003 WL 943853
CourtCourt of Appeals of Mississippi
DecidedMarch 11, 2003
Docket2002-CA-00049-COA
StatusPublished
Cited by10 cases

This text of 846 So. 2d 282 (Riley v. Riley) 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
Riley v. Riley, 846 So. 2d 282, 2003 WL 943853 (Mich. Ct. App. 2003).

Opinion

846 So.2d 282 (2003)

William F. RILEY, Appellant,
v.
Susan D. RILEY, Appellee.

No. 2002-CA-00049-COA.

Court of Appeals of Mississippi.

March 11, 2003.
Rehearing Denied May 27, 2003.

*283 Lawrence Primeaux, Meridian, attorney for appellant.

Robert D. Jones, Robert James Bresnahan, Meridian, attorneys for appellee.

Before THOMAS, P.J., IRVING and MYERS, JJ.

IRVING, J., for the court.

¶ 1. The Chancery Court of Lauderdale County granted William F. Riley and Susan D. Riley a divorce on the grounds of irreconcilable differences. The parties could not agree on the propriety of an *284 award of alimony, COBRA health insurance coverage and attorney's fees and agreed to allow the chancellor to resolve these issues. William, feeling aggrieved by the decision of the chancellor on these issues, has appealed and assigns as error the following:

1. Whether the chancellor erred in awarding Susan an excessive amount of alimony.

2. Whether the chancellor was manifestly in error in the award of alimony in failing to take into account the equitable division, in which Susan received more than seventy percent of the marital estate.

3. Whether the chancellor was manifestly in error in failing to address the effect on periodic alimony of Susan's receipt of retirement benefits at a future date.

4. Whether the chancellor was manifestly in error in awarding Susan an attorney's fee in this case.

¶ 2. Finding no reversible error, we affirm.

FACTS

¶ 3. William and Susan were married for thirty-three years. Susan was fifty-one years old at the date of the trial. She has completed high school but has no further higher education. Susan has not had full-time employment since 1979. She was employed briefly in 1994 when she worked part-time as a realtor. Her real estate license lapsed in 2000, and she subsequently has chosen not to continue in that field. Susan has not had any employment, part-time or otherwise since 1994, and she currently remains unemployed. The parties stipulated that if Susan does not remarry before age sixty, she will be entitled to social security benefits through William.[1]

¶ 4. William was fifty-three years old at the date the trial. He entered the Mississippi National Guard in 1969. William graduated from Mississippi College with a bachelor's degree in business. He is currently employed as an insurance adjuster and grosses $5,359.85 per month. After deductions for federal income taxes, social security and medicare, his net income is $4,001.64. He has additional optional deductions for health and life insurance, retirement, medical reimbursement and the United Way, which reduce his net to $3,594.45. His total monthly living expenses of $3,932.42 include the $1,400 that he was paying in temporary alimony.

¶ 5. William appears to be in good health and offers no testimony of any impediment to his full-time employment. Susan suffers from anxiety and takes a prescription medication to treat it; she also has some problems with her right eye. William provided the health insurance for the family during the marriage.

¶ 6. In the consent to their irreconcilable differences divorce, William and Susan divided the marital estate and agreed that the division was equitable. The agreement provides as follows:

Susan's share

1. Ownership of William's Great River 401(k) account in the sum amount of $54,307.48;

2. One-half of William's USF & G retirement fund which has an estimated monthly value of $524.55 when she reaches sixty-five years of age;

3. Exclusive use, ownership, and possession of the household goods, furniture, furnishings and personal *285 property of the parties except a rice-carved bedroom suite which is to be given to William when the parties' minor daughter ceases using it.

4. $79,000 from the sale of the marital domicile (the sale occurred prior to the parties' separation);

5. $3,600 which was left in a joint bank account at the time of the parties' separation, and

6. A 1992 Mitsubishi Eclipse automobile;

William's share

1. Exclusive use, ownership, and possession of all of his military retirement proceeds (when he reaches age sixty-five, the monthly benefit amount will be $952);

2. One-half of his USF & G retirement fund which has an estimated monthly value of $524.55 when he reaches sixty-five years of age;

2. $64,000 from the sale of the marital domicile (the sale occurred prior to the parties' separation); and

3. A 1999 Nissan Pathfinder.

¶ 7. The parties also agreed that William would (1) pay child support in the amount of $559 per month, (2) maintain an insurance policy on his life in the amount of $100,000 with their minor daughter named as the beneficiary, and (3) maintain insurance coverage of the car being used by the parties' minor daughter. The parties further agreed that William will pay seventy-five percent and Susan twenty-five percent of their minor daughter's health-care-related expenses which are either not covered by insurance or are in excess of insurance coverage.

¶ 8. As previously noted, the parties agreed that the court would determine three issues: whether Susan should be awarded alimony, whether William should be responsible for paying the COBRA insurance premiums for Susan's medical coverage, and whether Susan should be awarded attorney's fees. At the conclusion of the trial, the chancellor ordered William to pay Susan $1000 per month as permanent alimony. William was also ordered to pay Susan's COBRA insurance coverage for eighteen months at the rate of $306 per month, during which period he was permitted to reduce alimony payments to $850 per month. The divorce judgment allows William the opportunity to discontinue COBRA health insurance coverage if Susan obtains other insurance through employment, making the COBRA coverage unnecessary. Additionally, William was ordered to pay $2,000 toward Susan's attorney's fees which were in the amount of $3,500.

ANALYSIS AND DISCUSSION OF THE ISSUES

1. The Award of Alimony

¶ 9. Three of the issues, which William raises, concern the propriety of the award of alimony; therefore, we will address them together.

¶ 10. An appellate court's scope of review of an alimony award is familiar and well settled. Whether to award alimony and the amount of alimony are within the discretion of the chancellor. Traxler v. Traxler, 730 So.2d 1098, 1103(¶ 30) (Miss. 1998). The chancellor's decision will not be reversed on appeal unless he was manifestly in error in his finding of fact or abused his discretion. Armstrong v. Armstrong, 618 So.2d 1278, 1280 (Miss.1993).

¶ 11. In making an award of alimony, the chancellor is required to apply the twelve factors in Armstrong, which are:

*286 1. The income and expenses of each parties;

2. The health and earning capacities of the parties;

3. The need 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, which may require that one or both of the parties either pay, or personally provide, child care;

7. The age of the parties;

8. The standard of living of the parties, both during the marriage and at the time of support determination;

9.

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Cite This Page — Counsel Stack

Bluebook (online)
846 So. 2d 282, 2003 WL 943853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riley-v-riley-missctapp-2003.