Speropulos v. Speropulos

631 A.2d 514, 97 Md. App. 613, 1993 Md. App. LEXIS 149
CourtCourt of Special Appeals of Maryland
DecidedOctober 5, 1993
Docket92, September Term, 1993
StatusPublished
Cited by8 cases

This text of 631 A.2d 514 (Speropulos v. Speropulos) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Speropulos v. Speropulos, 631 A.2d 514, 97 Md. App. 613, 1993 Md. App. LEXIS 149 (Md. Ct. App. 1993).

Opinion

DAVIS, Judge.

James Thomas Speropulos appeals from an order of the Circuit Court for Montgomery County awarding Norma Jean *615 West 1 alimony of $200 per month for three years and a monetary award of $4,650. Ms. West sued Mr. Speropulos for divorce, which was granted on Mr. Speropulos’s counterclaim of separation. The circuit court entered a Judgment of Absolute Divorce on December 12, 1991 and reserved jurisdiction as to property. Following a separate hearing, the Domestic Relations Master issued her “Report and Recommendations,” pursuant to which Ms. West was to receive alimony, a monetary award, and attorney’s fees. Both parties filed timely exceptions. The circuit court adopted the Master’s recommendations concerning alimony and the monetary award but declined to award attorney’s fees.

Ms. West notified this Court that she would not be filing an appellee’s brief. Mr. Speropulos presents the following issues:

1. Whether the circuit court erred in awarding Ms. West alimony when there was no finding that she either was in need of rehabilitation or that the respective post-divorce standards of living of the parties would be unconscionably disparate.
2. Whether there was any legal authority for the imputation of income to Mr. Speropulos.
3. If the circuit court had authority to impute income to Mr. Speropulos, was there a factual predicate for imputing income to him in this particular case?
4. Whether, in making a monetary award, the circuit court could treat vehicles used in Mr. Speropulos’s business as separate assets with a positive value, rather than as part of the business, the liabilities of which exceeded its assets, even if the vehicles were included.

FACTS

The parties were married on April 23, 1977. No children were borne of the marriage. They separated September 19, 1989 and were divorced by Judgment of Absolute Divorce on *616 December 12, 1991. The Judgment of Divorce reserved jurisdiction as to property.

During the course of the marriage, the parties lived at a modest level in small rented apartments. Ms. West worked as a cosmetologist, helped manage the apartment building titled in Mr. Speropulos’s and his mother’s name, and answered the phones and dispatched the employees for Mr. Speropulos’s air conditioning and heating business.

After the couple’s separation, Ms. West earned her General Equivalency Degree (GED). At the time of their divorce, Ms. West earned approximately $16,500 a year as a counselor’s aide at the Maryland Treatment Center. Mr. Speropulos had a reported income of $13,194.25 in 1990; $11,010 in 1991; and a projected 1992 income of $16,900.

Pursuant to an Order of Referral, a Domestic Relations Master heard testimony from the parties and issued a “Report and Recommendations” to the circuit court. In her findings, the Master imputed to Mr. Speropulos $30,000, approximately the same income as that earned by his highest paid employee. The Master recommended awarding Ms. West $200 per month alimony.

As to marital property, the Master found Mr. Speropulos’s business, valued at $22,650 with liens totalling $34,500, had no value for marital property proposes. Three vehicles used in the business, but not included in the Master’s calculation of the business’s value, have a net value of $9,300. The value of the vehicles was considered by the Master to constitute a separate asset of the marital estate, and the Master recommended awarding one-half of this amount ($4,650) to Ms. West as a monetary award. The circuit court adopted the Master’s recommendations concerning the monetary award and alimony in its Order of September 28, 1992.

LEGAL ANALYSIS

Alimony

Mr. Speropulos contends that the circuit court erred in awarding Ms. West alimony because Ms. West failed to show a *617 need for rehabilitation, the respective post-divorce standards of living of the parties would not be unconscionably disparate, and the Master improperly imputed income to Mr. Speropulos even though he had not voluntarily impoverished himself. We unfortunately cannot reach the merits of these contentions because the circuit court did not have jurisdiction to award Ms. West any alimony.

Pursuant to a pendente lite order, Ms. West received $200 alimony on or about February 1, 1990. The order denied additional pendente lite alimony “pending further Order of Court.” On September 27,1991, a consent order awarded Ms. West an additional $1500 pendente lite alimony.

The purpose of alimony pendente lite is to maintain the status quo of the parties pending the final resolution of the divorce proceedings. See James v. James, 96 Md.App. 439, 450, 625 A.2d 381 (1993); Wilson v. Wilson, 87 Md.App. 547, 553, 590 A.2d 579 (1991). A final divorce decree supersedes a previous order for alimony pendente lite. Lewis v. Lewis, 219 Md. 313, 315, 149 A.2d 403 (1959). We therefore find that the award of alimony pendente lite is insufficient to reserve the issue of permanent alimony subsequent to a final divorce decree.

In Maryland, the right to claim alimony is “extinguished at the time of the severance of the marital relationship.” Altman v. Altman, 282 Md. 483, 490, 386 A.2d 766 (1978); Brewster v. Brewster, 204 Md. 501, 506-07, 105 A.2d 232 (1954). Therefore, if a court fails to reserve the right to award alimony, it cannot thereafter make such an award. Turrisi v. Sanzaro, 308 Md. 515, 522, 520 A.2d 1080 (1987).

The circuit court granted Mr. Speropulos a divorce on his counterclaim of voluntary separation, restored to Mrs. Speropulos the use of her former name, and reserved jurisdiction over “all property issues including monetary award, if any ... for future determination.” The court did not award alimony, reserve jurisdiction over the issue of alimony in specific terms, or utilize sufficiently broad terminology to reserve alimony, such as “ ‘this court shall have continuing jurisdiction in these *618 proceedings.’” Flood v. Flood, 16 Md.App. 280, 286, 295 A.2d 784 (1972), quoting Reed v. Reed, 11 Md.App. 396, 274 A.2d 652 (1971). The Judgment of- Absolute Divorce was filed December 20, 1991. On October 1, 1992, the circuit court awarded $200 per month alimony.

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631 A.2d 514, 97 Md. App. 613, 1993 Md. App. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/speropulos-v-speropulos-mdctspecapp-1993.