stating that, after establishing the marital standard of living, the petitioning spouse should establish his or her inability to achieve that same standard of living through the use of his or her separate estate, marital property awarded him or her, and his or her wage-earning capacity
How later courts described this case
- stating that, after establishing the marital standard of living, the petitioning spouse should establish his or her inability to achieve that same standard of living through the use of his or her separate estate, marital property awarded him or her, and his or her wage-earning capacity
- explaining that recipient spouse must prove need for periodic alimony and the trial court should consider separate estate of spouse in calculating amount of need
- holding that spouse has a need for periodic alimony when rehabilitative alimony does not fully enable spouse to maintain marital standard of living
- “[T]he trial court should consider the ability of the responding spouse to meet [the financial need of the spouse petitioning for periodic alimony].”
Written by the judges who cited it.
The opinion
BRYAN, Judge,
concurring in part and concurring in the result.
I concur with that part of the main opinion discussing business valuation, but I concur in the result as to that part of the main opinion discussing periodic alimony.