# Carter v. Carter

> Court of Civil Appeals of Alabama · June 30, 1995 · 666 So. 2d 28

URL: https://www.frixlaw.com/law-library/cases/9932069

## Case

- **Full name:** Jean Marie Carter v. Woodrow Carter.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** June 30, 1995
- **Citations:** 666 So. 2d 28; 1995 WL 385010
- **Precedential status:** Published
- **Opinion:** Dissent by Yates
- **Judges:** Monroe, Thigpen, Yates
- **Cited by:** 9 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/9932069

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9932069. Public record. Not legal advice.