Jeffcoat v. Jeffcoat
Jeffcoat v. Jeffcoat
Opinion
This is a post-divorce case.
Sherrill Bruce Jeffcoat and Barbara Swindle Jeffcoat divorced in January 1990. The divorce decree incorporated an agreement of the parties providing for property division, alimony, and child support. The record reflects that, in accordance with the agreement, the trial court reserved the right to award periodic alimony.
In May 1992, the wife filed a petition for contempt and modification in which she alleged a change in circumstances. One basis for her petition was because the parties' adult son had been seriously injured in an automobile accident, requiring surgery, rehabilitation, and full-time nursing care, which was provided by the wife for approximately four months. During that time, the wife was unable to work and she exhausted her financial resources.
Following an ore tenus proceeding, the trial court found the wife entitled to periodic alimony, and it ordered the husband to pay the wife $4,000 as "retroactive periodic alimony." The husband appeals, arguing that the trial court abused its discretion in awarding "retroactive" alimony to the wife.
We are mindful of the presumption of correctness that attaches to a judgment based on ore tenus evidence.Howell v. Bradford,
The instant case is similar to Harmon v. Harmon,
In Broadnax v. Broadnax,
The record reflects that while both parties are educated and gainfully employed, nevertheless, the wife's employment as a teacher was terminated in May 1991, apparently due to proration. The wife accepted a job in sales as a "pre-needs counselor" with Rideout's Funeral Home (Rideout's), to begin in October 1991.
In September 1991, the parties' nineteen-year-old son was seriously injured in an automobile accident, resulting in both legs being crushed, and requiring surgery, immobilization, confinement to bed, and continuous care. The wife delayed her employment with Rideout's until January 1992 so that she could provide continuous nursing care for the parties' son. During the period she provided such care, the wife depleted her savings and cash, some of which was necessary to pay medical bills not covered by insurance.
At trial, the wife testified that as a teacher, she earned approximately $26,000, and she further testified that although her earnings vary, she earned approximately $29,000 during the time she had worked for Rideout's. She testified that she is considered self-employed at Rideout's, and that she must pay her own social security and self-employment taxes, and that she has no insurance or retirement benefits, which were available to her as a teacher.
The husband testified that he is an operations manager for Alabama Power Company, and that he now earns approximately $60,000 annually. The record discloses that the son ultimately recovered a legal settlement of approximately $111,000, which included claims for medical payments, property damage, and personal injury; however, nothing in the record indicates that the son paid anything to the mother.
It is the husband's position that in view of the son's settlement, the wife could have been reimbursed, and the fact that the award of alimony was "retroactive," and thus illegal, amounted to an impermissible award of alimony in gross.
The trial court has no rigid standards it must apply in making an alimony award; instead, it is free to consider the unique facts and circumstances of each case when fashioning its award. Doyle v. Doyle,
Regardless of the trial court's use of the term "retroactive," it is apparent that the trial court's award of alimony in this case was in the nature of "rehabilitative" alimony for the wife's financial support during this period of time. Rehabilitative alimony is appropriate when supported by the evidence. Sammons v. Sammons,
AFFIRMED.
ROBERTSON, P.J., and YATES, J., concur. *Page 744
Reference
- Full Case Name
- Sherrill Bruce Jeffcoat v. Barbara Swindle Jeffcoat.
- Cited By
- 20 cases
- Status
- Published