Vigneault v. Vigneault

379 S.W.3d 566, 2010 Ark. App. 716, 2010 Ark. App. LEXIS 749
CourtCourt of Appeals of Arkansas
DecidedOctober 27, 2010
DocketNo. CA 09-1217
StatusPublished
Cited by8 cases

This text of 379 S.W.3d 566 (Vigneault v. Vigneault) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vigneault v. Vigneault, 379 S.W.3d 566, 2010 Ark. App. 716, 2010 Ark. App. LEXIS 749 (Ark. Ct. App. 2010).

Opinions

COURTNEY HUDSON HENRY, Judge.

1 jAppellant David Vigneault appeals from the decree and amended decree entered by the Circuit Court of Benton County divorcing him from appellee Pam Vigneault. For reversal, appellant challenges the circuit court’s award of alimony to appellee, both in the amount and its duration. We find no merit in any of the arguments raised; therefore, we affirm.

The parties in this case married in June 1981 and separated after twenty-seven years. For the majority of their marriage, they resided in Greenfield, Massachusetts, where they raised two sons, who have now reached the age of majority. In November 2007, appellant accepted a position with Cott Beverage, and the parties relocated to Bentonville. They purchased a home there using $100,000 of the proceeds from the sale of their residence in Greenfield as a down payment. Appellee returned to Massachusetts in March 2008, and on 12April 8, 2008, appellant filed suit for divorce in the Benton County Circuit Court. Although appellee filed a complaint for divorce in a Massachusetts family court, the Benton County Circuit Court determined that it had jurisdiction in an order dated July 16, 2008.1

At the divorce hearing in June 2009, the testimony and evidence revealed that appellant earned a base salary of $231,000 per year and that his net semi-monthly income was $6,763.28. He also accepted a signing bonus that netted $61,000, and he was eligible to receive bonuses based on performance. In addition, appellant was to receive $100,000 in stock from his company over three years’ time, and the company paid him an installment of $15,842 for stock in May 2009. Appellant also maintained investment and retirement accounts. He had a 401K account at Cott Beverage valued at $5,300; an IRA at J.P. Morgan consisting of $110,000, and a Roth IRA that fluctuated between $28,000 and $33,000. Appellant also retained a pension from a former employer in the amount of $3,000. Appellee also had $6,000 in an IRA.

During the marriage, appellee worked as a hair stylist and operated her own salon in a building that she rented. As a stylist, she earned an estimated $150 per week, and her business account contained $9,000. Recently, appellee received training as a phlebotomist, and she made $11.38 per hour working at a hospital. Appellee spent three days a week at the salon and worked three days per week at the hospital. According to the testimony, appellant | shad not wanted appellee to work during the marriage, but appellee preferred working outside of the home.

In terms of debts, the outstanding mortgage on the home in Bentonville was $307,000, and the parties had listed the house for a private sale. Appellant owed $15,000 on his Chevrolet Avalanche truck, and appellee drove a Nissan automobile under a lease that was due to expire in several months. The record also reflects that appellant used his credit cards a great deal. After retiring a large amount of that debt, he owed $200 on his American Express card and approximately $24,000 on two Chase MasterCard accounts. The parties also continued to support their adult children while they attended college. At ages twenty-three and twenty-one, each son had accumulated only enough hours to be considered a sophomore. Appellant paid their tuition, books, rent, and expenses for clothing. The young men worked part-time, but appellant also provided them with a stipend. The parties agreed that it was important for their sons to receive a college education, but appellee believed that they should assume more responsibility for their expenses.

After hearing the evidence, the circuit court ruled from the bench. The court ordered the parties to evenly divide the net proceeds from the sale of the home, but the court gave appellant credit for one-half of the reduction in principal from the date of the divorce to the date of the sale. The circuit court awarded appellee $7,500 for her half of the equity in appellant’s truck, which the court offset against appel-lee’s business and checking accounts and the equipment at the salon. The IRAs and other retirement accounts were to be divided pequally. The court also awarded appellee one half of the stock payment that appellant received from his employer and required appellant to be responsible for the marital debts. The court commented that, as their sons had reached the age of majority, the parties were under no obligation to support them, and the court commended the parties for providing assistance but noted that it was for them to decide whether to continue paying their college expenses. As for alimony, the circuit court found that there was “no question” about appellee’s need for alimony and appellant’s ability to pay, and the court ordered appellant to pay appellee alimony in the amount of $3,787 per month. In addition, the court directed appellant to pay the sum of $8,634 by March 1 of each year to assist appellee in paying her income taxes.2 In making this award, the circuit court referenced Administrative Order No. 10 and the child-support chart and considered the parties’ respective incomes, the assets they were receiving in the divorce, the length of the marriage, their lifestyle, and appellee’s need to secure health insurance. The court also attributed to appellee an income of $1,577 a month as a full-time phlebotomist, considering that occupation as offering her the highest earning potential. The court noted that, with alimony, appellee’s monthly income would be in the range of $5,364, |fiwhich left appellant a monthly income of roughly $10,000. Appellant brings this appeal from the decree and an amended decree setting forth the circuit court’s decision.

On appeal, appellant argues that the circuit court erred in fixing the amount of alimony and in ordering him to pay the award on a permanent basis. The decision whether to award alimony is a matter that lies within the circuit court’s sound discretion, and on appeal, this court will not reverse the circuit court’s decision to award alimony absent an abuse of that discretion. Cole v. Cole, 89 Ark.App. 134, 201 S.W.3d 21 (2005). An abuse of discretion means discretion improvidently exercised, i.e., exercised thoughtlessly and without due consideration. Southwestern Bell Yellow Pages, Inc. v. Pipkin Enters., Inc., 359 Ark. 402, 198 S.W.3d 115 (2004). The primary factors in determining alimony are the financial need of one spouse and the other spouse’s ability to pay. Boudreaux v. Boudreaux, 2009 Ark. App. 685, 373 S.W.3d 329. The circuit court may also consider other factors, including the couple’s past standard of living, the earning capacity of each spouse, the resources and assets of each party, and the duration of the marriage. Rudder v. Hurst, 2009 Ark. App. 577, 337 S.W.3d 565. The purpose of alimony is to rectify the economic imbalance in earning power and standard of living of the parties to a divorce in light of the particular facts of each case. Matthews v. Matthews, 2009 Ark. App. 400, 322 S.W.3d 15.

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Cite This Page — Counsel Stack

Bluebook (online)
379 S.W.3d 566, 2010 Ark. App. 716, 2010 Ark. App. LEXIS 749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vigneault-v-vigneault-arkctapp-2010.