Opinion

Carter v. Carter

  • 666 So. 2d 28
  • 1995 WL 385010
Court
Court of Civil Appeals of Alabama
Filed
Jun 30, 1995
Status
Published
Author
Thigpen
On the bench
Monroe, Thigpen, Yates
Cited by
9 cases
Authority
More cited than 15.0%

‘Periodic alimony is an allowance for future support of the [former dependent spouse]...-.’

How later courts described this case

  • ‘Periodic alimony is an allowance for future support of the [former dependent spouse]...-.’

Written by the judges who cited it.

The opinion

Although the wife contends that the trial court failed to reserve alimony, my reading of this record and the resulting judgment disclose that the trial court considered the matter of alimony and denied it. It is well settled that the matter of alimony, including reserving the right to award future periodic alimony based upon future considerations, lies within the discretion of the trial court, and, absent an abuse of that discretion, this court will not reverse the trial court's determination. Pilgrim v. Pilgrim , 596 So.2d 942

(Ala.Civ.App. 1992). While some disparities in income and employment of the parties may exist, it is clear that the trial court properly considered the totality of the circumstances, including the interrelationship of an alimony award and a property division. Montgomery v. Montgomery , 519 So.2d 525

(Ala.Civ.App. 1987). Furthermore, a trial court's determination that is based upon ore tenus evidence is presumed correct. See Montgomery , 519 So.2d 525 . The wife has simply failed to disclose error in the trial court's determination in this regard.

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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