Opinion

Wood v. Wood

  • 258 Ala. 72
  • 61 So. 2d 436
  • 1952 Ala. LEXIS 58
Court
Supreme Court of Alabama
Filed
Nov 6, 1952
Status
Published
Author
Lawson
On the bench
Foster, Simpson, Stakely, Goodwyn, Lawson
Cited by
2 cases
Authority
More cited than 8.0%

The opinion

*76 LAWSON, Justice

(dissenting).

Under our present statute, § 31, Title 34, Code of 1940, the allowance of alimony-after an absolute divorce is within the discretion of the trial court. But this is not an arbitrary discretion hut a judicial discretion, subject to review on appeal. Sharp v. Sharp, 230 Ala. 539 , 161 So. 709 ; Thomas v. Thomas, 233 Ala. 416 , 172 So. 282 .

Where alimony has been allowed on the granting of an absolute divorce and later changed conditions are made to appear, the trial court may in the exercise of his judicial discretion increase or decrease the amount of alimony, and the action of the trial court is subject to' review here. Sims v. Sims, 253 Ala. 307 , 45 So.2d 25 , 15 A.L.R.2d 1246 .

While I agree that the marriage of the daughter justifies a reduction of the amount which the husband should be required to pay to the wife, I do not think this circumstance sufficient to relieve him from all payment, nor can I agree that the fact that the wife now has some income from her own labor should relieve the husband entirely from contributing to her support.

In my opinion the decree should be reversed and one should be rendered here requiring the husband, appellee, to pay to the wife, appellant, the sum of $50 per month.

I, therefore, respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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