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
Yates
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

I concur in the holding that the trial court did not abuse its discretion in failing to award periodic alimony. However, I dissent from the holding that the trial court did not abuse its discretion in failing to reserve the issue for future consideration, given the length of the marriage and the disparity in the employment and income of the parties. Pilgrim v. Pilgrim , 596 So.2d 942 (Ala.Civ.App. 1992); Silvey v. Silvey , 634 So.2d 138 (Ala.Civ.App. 1993).

Additionally, because the trial court's order does not indicate whether the court considered the husband's retirement benefits when it divided the parties' property, I would remand for the trial court to consider this issue and make a finding. See Byrd v. Byrd , 644 So.2d 31 , 32 (Ala.Civ.App. 1994). *Page 31

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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