Husband’s Employment
The husband had been employed in the insurance industry throughout the marriage. During the two year period immediately preceding the divorce, he owned a limited liability company and his own insurance company. The Court found that his earning capacity increased steadily over the course of the marriage, and that at the time of trial, it was approximately $200,000.00 per year, including earned income, commissions and other unearned income. The Court noted that the husband’s tax returns showed his gross income to be $180,427.00 for 2010.
Case History
The wife’s work history was brief and occurred mostly before the parties’ children were born. The Court found that she was primarily responsible for the childrearing duties within the home. At the time of trial, she had recently returned to school and was working toward achieving her associate’s degree. During the divorce proceedings, the wife was living in the marital home which had a value of approximately $600,000.00, but was encumbered with a mortgage in the amount of approximately $675,000.00.
Court Order
After considering all relevant statutory criteria, the Court ordered the husband to pay the wife unallocated alimony and child support in the amount of $6,000.00 per month for a period of ten years from the date of dissolution, followed by $3,000.00 per month for an additional period of five years. The Court further ordered that in the event the marital home was sold, said amounts would increase to $7,500.00 and $3,500.00 for the applicable time period. The Court designated the term of alimony as non-modifiable, and further held that the wife could earn up to $35,000.00 per year without triggering a downward modification of support.
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