Court Awards Wife Lump Sum and Periodic Alimony

Trial Background

At the time of trial, the Husband was forty-one years old and in generally good health.  He was a certified public accountant in Argentina, and, therefore, qualified for certain accounting positions within the United States. The Court found that during the marriage he held a number of different positions with various financial and international firms in the area of internal audits.  Although he was unemployed at the time of trial, the Court noted that he was actively seeking employment and looking at a broad range of jobs.

At the time of trial, the Wife was forty years old.  Due to her immigration status, she was unable to seek employment in the United States until 2009.  However, due to a very serious medical condition, from which she continued to suffer even at the time of trial, she was never able to work.  There were no children of the marriage, and the parties’ only significant asset was the marital residence.

The Wife alleged that the parties’ relationship began to change when the Husband had an affair with another woman.  However, the Court attributed the breakdown of the marriage to the fact that the Wife experienced significant and continuing health problems which, combined with the Husband’s inability to maintain steady employment, resulted in significant financial difficulties and prolonged periods of separation.

The Alimony Payments

After fashioning orders regarding the division of marital property, the Court ordered the Husband to pay the plaintiff lump sum alimony in the amount of $10,000, and periodic alimony in the amount of $1,250 per month for a period of five years. The Court further ordered that the periodic alimony would increase upon the defendant’s employment to the greater of $l,250 or thirty percent of the first $100,000 of his income; fifteen percent of all amounts in excess of $100,000 but less than $200,000; and ten percent of all amounts over $200,000.  The Court also specified that any alimony paid over the amount of $3,000 a month would be reduced at the rate of $.50 for each dollar of net income earned by the Husband.

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