eBook details
- Title: Monte Ray Higley v. Geraldine Wright
- Author : Supreme Court Of Utah
- Release Date : January 19, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
DURHAM, Justice: The trial court in this action granted a divorce to each party, divided their property almost equally, awarded the appellant temporary alimony for three years in an amount equivalent to the house and utilities payments and awarded the appellant permanent alimony thereafter of $100 per month. The appellant claims that the trial court abused its discretion in the granting of a divorce to respondent and in the awarding of alimony. Her first argument is without merit, but we reverse and remand that portion of the decree dealing with alimony. This Court has set forth numerous criteria to be used in determining a reasonable alimony award. In light of our precedents and the absence of a specific finding regarding the appellants present or future ability to work, the trial courts $100 per month permanent alimony award was, in our opinion, an abuse of discretion. Although we affirm the temporary alimony award, we reverse and remand the permanent alimony award for additional findings and possible modification.