Lentz v. Lentz
Lentz v. Lentz
Opinion
This is a divorce case.
Following 35 years of marriage, Dyann Lentz filed a complaint for divorce against Gene H. Lentz in July 1993, alleging incompatibility. She requested periodic alimony, alimony in gross, and a division of property. The husband counterclaimed, alleging that the wife had committed adultery and requesting that the court consider the wife's adulterous conduct in making the property division. Following ore tenus proceedings, the trial court divorced the parties on the grounds of incompatibility, made certain property divisions, and awarded the wife $12,000 alimony in gross. The wife filed a post-judgment motion, which the trial court denied. The wife appeals. *Page 1013
The wife argues on appeal whether the trial court abused its discretion in its division of property and in its failure to award periodic alimony.
When evidence is presented ore tenus in a divorce case, the judgment of the trial court is presumed correct, and this court will not reverse absent a finding of a plain and palpable abuse of discretion. Brannon v. Brannon,
The wife first argues that the trial court's judgment, which awarded her over $200,000 in marital assets, but no periodic alimony, was an abuse of discretion. The factors that the trial court considers in making a property division include each spouse's earning ability, age, health, and conduct, and the length of the marriage. Welch v. Welch,
The wife argues that the trial court made an inequitable division of property. She contends that the trial court placed undue emphasis on her admitted instances of adultery. The husband and the wife presented conflicting testimony regarding their conduct. The wife testified that the marital problems arose from the husband's dominance and refusal to involve the wife in their financial and personal decisions. She testified that the husband felt intellectually superior to her. The husband testified that he did not know of any marital problems, other than her affairs in the early years of their marriage, until she filed for divorce. The record reveals that the wife did not wear her wedding ring for 10 years and that she told her husband the ring irritated her knuckles. She testified that she took the ring off once she decided the marriage was over. The wife testified that she would not consider seeing a marriage counselor, because she did not consider the marriage worth saving.
The wife received over $200,000 in unencumbered assets, and she contends that the husband received over $2 million in assets. The husband and the wife presented conflicting evidence regarding the value of apartment buildings which they owned and which were a substantial portion of the marital assets. The husband also presented evidence regarding the substantial tax liabilities and mortgage debt that affect the value of the property he received. Our review of the entire record does not reveal that the trial court erred in its property division.
The wife further argues that the trial court abused its discretion in denying her periodic alimony. The purpose of periodic alimony is to preserve the status the parties enjoyed during the marriage. Grimsley v. Grimsley,
Therefore, the trial court's judgment is affirmed.
AFFIRMED.
ROBERTSON, P.J., and THIGPEN, YATES and MONROE, JJ., concur. *Page 1014
Reference
- Full Case Name
- Dyann Lentz v. Gene H. Lentz.
- Cited By
- 4 cases
- Status
- Published