# Russell v. Russell

> Supreme Court of Arkansas · October 3, 2013 · 430 S.W.3d 15

URL: https://www.frixlaw.com/law-library/cases/9521882

## Case

- **Full name:** Randy RUSSELL, Appellant v. Andrea RUSSELL, Appellee
- **Court:** Supreme Court of Arkansas
- **Decided:** October 3, 2013
- **Citations:** 430 S.W.3d 15; 2013 Ark. 372; 2013 Ark. LEXIS 448; 2013 WL 5497709
- **Precedential status:** Published
- **Opinion:** Concurrence by Danielson
- **Judges:** Josephine Linker Hart
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9521882

## How later opinions describe it (automated extraction)

- holding that it is not an abuse of discretion to make an award of alimony that is reasonable under the circumstances

## Opinion text

PAUL E. DANIELSON, Justice, concurring.
I agree that the circuit court’s award of payments to Andrea Russell should be affirmed; however, I take issue with the majority opinion failing to property characterize these payments. Clearly, they are not “alimony” in the traditional sense as it has long been established that “an award of alimony in fixed installments for a specified period is prima facie erroneous as being an award of a gross sum instead of a continuing allowance.” Webb v. Webb, 262 Ark. 461, 462 , 557 S.W.2d 878 , 879 112(1977) (citing Beasley v. Beasley, 247 Ark. 338 , 445 S.W.2d 500 (1969); McIlroy v. McIlroy, 191 Ark. 45 , 83 S.W.2d 550 (1935); Walker v. Walker, 147 Ark. 376 , 227 S.W. 762 (1921); Brown v. Brown, 38 Ark. 324 (1881)). However, this court has acknowledged that, depending on the facts of a particular case, such a short-term award may be a proper method of allocating to the wife an interest in her husband’s property. See id. In the instant case, the circuit court used its discretion to do just that. However, it should not be confused with, nor subjected to the primary considerations given to, an award of alimony.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9521882. Public record. Not legal advice.